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<br /> <br />upper basin and lower basin and <br />wherever necessary the states of the <br />upper [basin] shall deliver at Lee Ferry <br />water to supply one-half of the defi- <br />ciency so recognized." <br />In 1944, the u.s. and Republic of <br />Mexico signed the Mexican Water <br />Treaty in which the United States <br />agreed to deliver 1.5 million acre-feet <br />of Colorado River water to Mexico <br />annually except under surplus or <br />shortage conditions. Today, according <br />to Mike Clinton, general manager of <br />the Imperial Irrigation District (lID), <br />the Mexicali Valley is using some- <br />where between 2.25 million acre-feet <br />and 2.5 million acre-feet, the differ- <br />ence coming from groundwater. <br />Among the seven basin states, the <br />overriding issue is interpretation of the <br />delivery obligation contained within <br />Article III(c), and whether the upper <br />basin is responsible for any evapora- <br />tion and conveyance losses between <br />Lee's Ferry and the Mexican border. <br />"The compact guarantees the <br />lower basin 75 million acre-feet of <br />water in any rolling lO-year period. <br />To make these deliveries, we release a <br />minimum of 8.23 million acre-feet per <br />year," said Charley Calhoun, regional <br />director of the Bureau's Colorado <br />River upper basin division. "The upper <br />basin states may tell you they are not <br />responsible for making water available <br />to Mexico. <br />"Over the years there has been <br />plenty of water in the system and the <br />states, other than California, have <br />not taken their full share," Calhoun <br />continued. "However, as California <br />wrestles with its fellow lower basin <br />states and as California interests <br />.. wrestle even among themselves <br />"concerning what [Interior] Secretary <br />Bruce Babbitt calls 'serious unresolved <br />'controversies between agricultural <br />agencies and among the urban water <br />uppliers,' the upper basin states may <br />e rethinking their views." <br />To date, water for Mexico has <br />ome, in part, from unused upper basin <br />ows. Upper basin states, however, <br />aintain that their goal is to fully <br />eve lop to use their full entitlement, <br /> <br /> <br />perhaps lessening the amount they <br />contribute to Mexico. <br />"The discussions in Utah have <br />always been along the lines that the <br />upper basin's obligation is no more <br />than 75 million acre-feet every 10 <br />years, and that the lower basin tribu- <br />taries are included in the Mexican <br />treaty obligation," said Dallin Jensen, <br />former solicitor general of Utah. "I am <br />not convinced that the upper basin <br />states will concur that [they] have the <br />obligation to supply half of the con- <br />veyance losses to the border. I think <br />there's an argument under the compact <br />that the obligation of the upper basin <br />is to deliver its share at Lee Ferry." <br />Another major concern on <br />Mexico's part is the salinity of its <br />supply. "Mexico said that the water <br />treaty was a treaty concluded for the <br />utilization of the waters of this river, <br />and therefore the waters delivered to <br />Mexico should be usable waters," said <br />Robert Ybarra, U.s. foreign affairs <br />officer for the International Boundary <br />and Water Commission (IBWC), the <br />two-country commission that ensures <br />terms of these agreements are met. <br />"The United States recognized that <br />there was only so much water available <br />when the negotiations took place - <br />this is after the compact - and knew <br />that a large part of the contribution to <br />Mexico would be made out of drainage <br />waters. Therefore, the clause 'any and <br />all sources.'" <br />While salinity was addressed in a <br />later agreement, groundwater use was <br />not. Groundwater use is a concern <br />because as the United States pursues <br />efforts to line the All-American Canal <br />to prevent seepage and conserve water, <br />it will reduce the amount of ground- <br />water within the aquifer along the <br />U.S.-Mexico border upon which many <br />Mexicans rely. <br />"We have challenges with Mexico <br />that I don't think we have begun to <br />recognize," Clinton said. "So as we <br />look at this transition from the dream <br />of the compact coming true to where <br />we go from here - that's one of the <br />challenges we in this nation need to <br />address and consider." <br /> <br />Western Water <br />