BOARD00592

• Board Meeting Date: 11/19/2001
• Description: CF Section - Investments - Colorado River Compact and Colorado River Delta Issues
• Board Meetings - Doc Type: Memo

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Agenda Item 25d
November 19-20, 2001 meeting
Page 5 of6

RESOLUTION OF THE COLORADO WATER CONSERVATION BOARD
CONCERNING THE COLORADO RIVER DELTA
March 2001

WHEREAS, relations with Mexico, including the protection and conservation of the Colorado River
Delta (Delta) in Mexico have long been issues; and

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WHEREAS, a treaty between the United States of America and the United Mexican States relating to the
utilization of the waters of the Colorado and Tijuana Rivers, and ofthe Rio Grande was signed on
February 3, 1944 (1944 Treaty); and

WHEREAS, the 1944 Treaty obligates the U.S,A, to deliver 1.5 MAP of water to Mexico from the
Colorado River annually, except during declared surplus or shortage conditions; and

WHEREAS, the 1944 Treaty provides that Mexico shall acquire no right beyond that provided by the
1944 Treaty to the use of waters from the Colorado River system; and

WHEREAS, Minute 242 to the 1944 Treaty was adopted to assure Mexico that the quality of Colorado
River water that it received would be no more than lIS ppm, plus or minus 30 ppm, over the salinity of
the Colorado River at Imperial Dam; and

WHEREAS, a drain (MODE) from the Wellton-Mohawk area of Arizona to the Yuma Desalting Plant
and subsequently on down to the Santa Clara Slough was constructed for the purpose of assuring the
water quality of the Colorado River to Mexico was met; and

WHEREAS, the expense of operating the Yuma Desalter has precluded its use and resulted in the MODE
serving as the primary means for disposing of the saline returns; and

WHEREAS, the untreated returns released down the MODE have had positive environmental effects on
the Slough and are not counted as part of the 1944 Treaty delivery obligation unless treated by the Yuma
Desalter and returned to the Colorado River within the water quality standards established by Minute 242
of the 1944 Treaty; and

WHEREAS, on May 18, 2000 the U,S, Secretary of Interior and the Secretariat of Environment, Natural
Resources and Fisheries of the United Mexican States entered into the, "JOINT DECLARATION
BETWEEN THE DEPARTMENT OF THE INTERIOR (DOl) OF THE UNITED STATES OF
AMERICA AND THE SECRETARIAT OF ENVIRONMENT, NATURAL RESOURCES AND
FISHERIES (SEMARNAP) OF THE UNITED MEXICAN STATES TO ENHANCE COOPERATION
IN THE COLORADO RNER DELTA" ("Joint Declaration"),

WHEREAS, the Defenders of Wildlife v. Babbitt No. OOCV1544 lawsuit was filed on June 28, 2000 in
Washington D,C, alleging failure of federal agencies to comply with the Endangered Species Act (ESA)