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<br />001971 <br /> <br />production -- particularly vegetable production -- diminished and the irrigated land in <br />the Mexicali Valley became significantly more saline. This led to protests by Mexico <br />and a series of interim agreements to control the salinity of Colorado River water <br />delivered to Mexico under the Treaty. <br /> <br />In 1965, Minute 218 (effectively an amendment) to the United States Mexico <br />Treaty) was approved. It required the United States to bypass around Morelos Dam <br />part of the extremely saline (6,000 mg/I TDS) agricultural drainage from the Wellton- <br />Mohawk district in Arizona. Negotiations for a permanent resolution of the salinity <br />issue continued between 1965 and 1972. In 1973, an agreement was reached <br />restricting the allowable increase in salinity between Imperial Dam and, the Northerly <br />International Boundary to 115 ppm + 30 ppm. The agreement was embodied in <br />Minute 242 to the Treaty. To achieve the standards of Minute 242, all of the <br />agricultural drainage from the Wellton-Mohawk area would have to be desalted or <br />else bypassed around Morelos Dam without being credited against the Treaty <br />delivery obligation. <br /> <br />Bypassing flows without charge against the 1.5 million acre-feet per year <br />Treaty delivery obligation resulted in additional water being released from Hoover <br />Dam to meet the increased total delivery to Mexico. This additional Hoover Dam <br />release could decrease the amount of water available to US water users in a serious <br />drought. <br /> <br />The Bypass Drain was constructed pursuant to Minute 242 to carry any <br />untreated and bypassed Wellton-Mohawk drainage water and the salt-water waste <br />stream from the Yuma Desalting Plant to an acceptable terminal location. The <br />'Bypass Drain began operating in 1977, and has carried the untreated brackish <br />agricultural drainage water since then. This delivery of brackish agricultural drain <br />waters now supports an area of open water and wetlands in the Cienega de Santa <br />Clara that is similar to areas of the historic Delta. <br /> <br />The Bypass Drain now carries about 120,000 acre-feet per year of brackish <br />water. It has a conveyance capacity of 300 cubic feet per second (210,000 acre-feet <br />per year). If deliverY of additional Yuma Area agricultural drainage water to Mexico <br />for use in the Delta was appropriate, the unused capacity of the Bypass Drain could <br />be used for that purpose. <br /> <br />The legal and institutional precedent for delivering brackish water to the Delta <br />through the Bypass Drain without charge against Mexico's Treaty entitlement, can be <br />found in Minute 242. The two nations would need to determine jointly that such a <br />program is in their best interest. However, it must be recognized that users in the US <br />would forgo opportunities to put the water to use. <br />