BOARD00670

• Board Meeting Date: 3/26/2001
• Description: WSP Section - Colorado River Basin Issues - Delta and Inadvertent Overrun Accounting Policy Resolutions
• Board Meetings - Doc Type: Memo

Agenda Item 25(e)
March 26-27,2001 Board Meeting
Page 4 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

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 of
the Rio Grande was signed on February 3, 1944 (1944 Treaty); and

WHEREAS, the 1944 Treaty obligates the U.S.A. to deliver 1.5 MAF 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 115 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 ofInterior and the Secretariat of
Environment, Natural Resources and Fisheries of the United Mexican States entered into
the, "JOINT DECLARA nON 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 COOPERA nON IN THE
COLORADO RIVER 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 offederal agencies to comply with the