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<br />Agenda Item 25(e) <br />March 26-27, 2001 Board Meeting <br />Page 5 of6 <br /> <br />Endangered Species Act (ESA) in analyzing Lower Colorado River operations, in <br />particular Reclamation's failure to consider the impacts of its actions on federally listed <br />species in the Delta in Mexico; and <br /> <br />WHEREAS, without any participation from the Colorado River Basin States, the <br />International Boundary and Water Commission adopted Minute 306 (attached) to the <br />1944 Treaty on December 12,2000 and informed the Colorado River Water Users <br />Association at their annual convention in Las Vegas. <br /> <br />NOW THEREFORE BE IT RESOLVED that it is the policy of the Colorado Water <br />Conservation Board with respect to the Colorado River Delta in Mexico: <br /> <br />1. To continue to learn more about Delta issues and Mexican law and institutions. <br />2. To continue to monitor activities ofthe IBWC, particularly with respect to Minute <br />306. <br />3. To recommend to the Colorado Attorney General that an amicus briefbe filed in <br />the pending litigation with the Defenders of Wildlife if appropriate asserting that <br />ESA has no application outside the borders of the United States of America. <br />4. To actively participate with the other Colorado River Basin states in developing <br />positions on issues concerning the Delta and communicate those positions to their <br />respective congressional delegations, the State and Interior Departments and <br />water users. <br />5. To insist that both the State and Interior Departments coordinate and <br />communicate with the Colorado River Basin States on issues concerning the Delta <br />and acknowledge the basin states' authority to administer water and water rights <br />within their borders pursuant to interstate compact and allocations made therein. <br />6. To encourage sound and unbiased research concerning the natural environment of <br />the Delta and the establishment of clear and concise recovery goals for threatened <br />and endangered species in the Colorado River Basin. <br />7. To acknowledge that protection and enhancement of the natural resources of the <br />Delta are important to Mexico and environmental organizations and urge the U.S <br />government to assist Mexico in protecting the resources of the Delta. <br />8. To oppose the U.S. making any commitments to provide any Colorado River <br />water other than what is currently required by the 1944 Treaty and allowed by the <br />Law of the Colorado River. <br />9. To encourage Mexico to find management or structural solutions within the <br />waters available to Mexico pursuant to the 1944 Treaty and only if all <br />management and structural alternatives have been fully evaluated and <br />implemented as appropriate and subsequently demonstrated to collectively be <br />ineffective in restoring the Delta to a reasonable degree allow discussion of any <br />additional water from the U.S. be considered. <br />10. To acknowledge that Delta restoration and the Interim Surplus Guidelines are <br />separate issues and should not be linked. <br />II. Litigation of any issue associated with restoring the Delta, such as the litigation <br />by the Defenders of Wildlife concerning ESA compliance, is considered <br />unproductive and disruptive to discussions concerning the Delta. Therefore, any <br />