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<br />Agenda Item 25d <br />November 19-20, 2001 meeting <br />Page 2 of6 <br /> <br />SECRETARIAT OF ENVIRONMENT, NATURAL RESOURCES AND FISHERIES (SEMARNAP) <br />OF THE UNITED MEXICAN STATES TO ENHANCE COOPERATION IN THE COLORADO <br />RIVER DELTA" ("Joint Declaration"), <br /> <br />Furthennore, the Defenders of Wildlife v, Babbitt No. OOCV:1544 lawsuit was filed on June 28, 2000 in <br />Washington D,C, The lawsuit alleges failure of federal ageticies to comply with the Endangered Species <br />Act (ESA) in analyzing its Lower Colorado River operations, The complaint focuses on Reclamation's <br />failure to consider the impacts of its actions on federally listed species in the Delta in Mexico, The <br />purpose of this action was certainly in part to slow down the adoption of "futerim Operating Criteria for <br />Colorado River Reservoirs" which environmental groups believe would reduce the flows reaching the <br />Delta over the next IS-year period, The three Lower Colorado River Basin States and water and power <br />users in those states moved to intervene in this lawsuit. The! four upper basin states did not petition to <br />intervene, The plaintiffs, Defenders of Wildlife et.al, filed ~ motion in opposition to the intervention on <br />September 25, 2000. The plaintiffs stated the lawsuit was td ensure federal agency compliance with ESA <br />and the National Environmental Policy Act. The relief sought would affect none of the interveners, The <br />plaintiffs had no objection to the states and others participating as amicus curiae, On October 13, 2000, <br />V,S. District Court Judge James Robertson denied all 11J.otiop.s to intervene, Judge Robertson ruled that <br />none of the interveners could satisfy the "injury in fact" requirement of Article III for standing in the <br />case, <br /> <br />All <br /> <br /> <br />e <br /> <br />The International Boundary and Water Commission (IDWC) adopted Minute 306 to the Treaty with <br />Mexico on December 12, 2000, Minute 306 becomes the nieans by which the Joint Declaration will be <br />implemented, The recent Colorado River Delta Symposium was the first of many activities likely to A <br />occur as a result of Minute 306, The IBWC also has several standing working groups to address various _ <br />issues that they deal with; Group 4 will likely get most of the assignments dealing with Minute 306. <br /> <br />fu further preparations for discussions on the Colorado River Delta, the basin states have developed draft <br />principles and requested a meeting with Interior Secretary Norton in the near future, The draft principles <br />are generally consistent with the Board's policy, which is attached for reference. <br />, <br />, <br /> <br />Proiect Obiective <br /> <br />The overall purpose for this expenditure is to protect Color~do's compact apportionment. This will be <br />done in cooperation with the Departments of futerior and State, the Colorado River Basin States and <br />major water and power users. The objective is to work with the IBWC and through the IBWC to help <br />Mexico identify and implement solutions that will solve thdre environmental issues in the Colorado River <br />Delta without seeking additional water from either the V,S.! or the Colorado River Basin States, <br />, <br /> <br />Proiect Scope <br /> <br />The geographic focus of this effort should be limited to the Colorado River and Colorado River Delta in <br />Mexico. The concern is that scope could expand to the entire Colorado River Basin, <br /> <br />,e <br />