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<br />oon521 <br /> <br />Near-term recommendations could be implemented <br />within the framework of existing agreements and the <br />law of the river but would require some regulatory and <br />management changes: <br /> <br />. Develop better coordination between the United <br />States and Mexico for the management of flood flows. <br />Mexico should be given more notice of impending <br />releases, and management authorities on both sides <br />of the border should look for opportunities to divert <br />and store floodwaters for conservation purposes. <br />IBWC CNA,SEMARNAP-INE <br /> <br />. Create or designate a Mexican institution to guaran- <br />tee the delivery of any waters earmarked for <br />environmental restoration to the target ecosystem. <br />This will require the establishment of environmental <br />water rights protected against the demands of irriga- <br />tors. This entity will need to administer and manage <br />water intended for delta ecosystems, determine how <br />it is to be secured (e.g., contract, fee-simple purchase, <br />lease), determine who will hold the water on behalf <br />of the environment, and be accountable to stakehold- <br />ers. (See recommendation below to Establish Market <br />Mechanisms and Funding Sources for Delta Preser- <br />vation.) IBWC CNA,SEMARNAP-INE <br /> <br />. Create or designate a binational commission to pro- <br />mote the sustainable use of water in the delta and <br />encourage greater public participation in decisions <br />that effect the lower basin and delta.58 The commis- <br />sion should conduct all necessary and appropriate <br />studies of water needs and use in the delta, establish <br />minimum flow requirements, and make arrange- <br />ments for obtaining reliable water supplies. Such a <br />commission also may be the appropriate entity to <br />assume management and coordination authority over <br />all transboundary water movement. IBWC <br />SEMARNAP-INE CNA BOR <br /> <br />. Review the Border XXI program, including its indi- <br />cators, and propose changes that might bring greater <br />benefit to delta ecosystems and the communities that <br />depend on them. EP A <br /> <br />. Create a task force on resources in the border region, <br />as proposed by IBWC. This task force should bring <br />together resource agencies, researchers, and private <br /> <br />ENViRONi'l,1ENTAl. OFFENSE fUND <br /> <br />groups, and should solicit public input to help it <br />define its mission. IBWC CEC <br /> <br />. Designate the Rio Hardy fRio Colorado wetlands, <br />which are outside the Biosphere Reserve, as a wild- <br />life management unit. Mexico's National Program for <br />Wildlife Conservation and Rural Productivity Diver- <br />sification provides for a special land designation <br />called the Wildlife Management Unit (SUMA). These <br />areas are designed to protect natural resources while <br />allowing certain economic activities to continue. <br />Effectively, a SUMA can serve as a buffer to areas <br />under greater protection, such as the core zone of the <br />Biosphere Reserve. The Rio Hardy fRio Colorado <br />wetlands can be managed as a SUMA by local <br />communities. SEMARNAP-INE PRONA TURA <br /> <br /> <br />Long-term recommendations are likely to require <br />changes to the laws and agreements governing water <br />allocation in the Colorado basin, 59 as well as persistence <br />and patience: <br /> <br />. Negotiate an amendment to the 1944 water treaty to <br />address water needs for delta ecosystems. This <br />enormous task is not without precedent (the <br />best-known example is Minute 242, which establishes <br />water quality standards). Many compacts and court <br />decisions - in general the Law of the River - have <br />created entitlements to Colorado River water that <br />cannot be ignored. A treaty amendment establishing <br />the use of market mechanisms, plus sufficient fund- <br />ing, would allow change to occur on a voluntary, <br />compensated basis, while recognizing existing <br />entitlements. <br /> <br />Yet until United States authorities come to see <br />conservation of delta resources as a matter of high <br />concern, the United States will not give strong <br />support to such an amendment. United States inter- <br />est in the idea may increase if it can be shown that <br />the habitat and wildlife resources in the delta are a <br />significant" reservoir" of species that are endangered <br />in the United States. An amendment supporting con- <br />servation of delta ecosystems will gain even more <br />support if those ecosystems can be used in mitiga- <br />tion programs that offset the loss of species elsewhere <br />in the basin. Pressure on the United States to <br />negotiate an amendment may increase as water <br /> <br />58 Proposal by INE-Programa de Uso Sustentable del Agua en la Cuenca Baja del Rio Colorado, Mexico, April 1997. <br />59 For information on the Law of the River, see note 15. <br /> <br />43 <br />