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Agenda Item 25( e) March 26-27,2001 Board Meeting Page 2 of6 COOPERATION IN THE COLORADO RNER DELTA" ("Joint Declaration"). The "Joint Declaration" was attached to the November Board memo for reference. Furthermore, the Defenders of Wildlife v. Babbitt No. OOCV1544 lawsuit was filed on June 28, 2000 in Washington D.C. The lawsuit alleges failure of federal agencies to comply with the Endangered Species Act (ESA) in analyzing its Lower Colorado River operations. The complaint focuses on Reclamation's failure to consider the impacts of its actions on federally listed species in the Delta in Mexico. The purpose of this action was certainly in part to slow down the adoption of "Interim Operating Criteria for Colorado River Reservoirs" which environmental groups believe would reduce the flows reaching the Delta over the next IS-year period. The three Lower Colorado River Basin States and water and power users in those states moved to intervene in this lawsuit. The four upper basin states did not petition to intervene. The plaintiffs, Defenders of Wildlife et.al, filed a motion in opposition to the Intervener's motions on September 25,2000. The plaintiffs stated the lawsuit is to ensure federal agency compliance with ESA and the National Environmental Policy Act. The relief sought would affect none of the interveners. The plaintiffs had no objection to the interveners participating as amicus curiae. On October 13,2000, U.S. District Court Judge James Robertson denied all motions to intervene. Judge Robertson ruled that none ofthe proposed interveners can satisfy the "injury in fact" requirement of Article III standing. Between September 29 and October 1,2000 the University of California's UC MEXUS and the University of Arizona's Udall Center co-hosted a one-day symposium and two- day workshop in Riverside, California on the Delta and associated Mexican environmental issues. The Department of Interior hoped that recommendations from the Riverside conference could be incorporated into the workshop they hosted on October 11, 2000 in Washington D.C. As a result of the October 11,2000 meeting, the International Boundary and Water Commission adopted Minute 306 to the Treaty with Mexico on December 12, 2000 which was presented to the Colorado River Water Users Association at their December 14-15 meeting in Las Vegas (attached). Discussion Staff has continued to monitor issues associated with the Delta to assure that they do not impact operations on the Colorado River. Furthermore, we have been discussing how to deal with Colorado River Delta issues. Towards this goal, Kent Holsinger, Scott Balcomb and myself participated in the Colorado River Delta tour sponsored by the Southern Nevada Water Authority. The state Colorado River Advisory Council also began discussions ofthe Delta issue at their meeting on December 6, 2000 and will continue those discussions at their next meeting on April 3rd. Staff would like Board discussion on the proposed policy direction developed to date and any additional recommendations that the Board may have.