BOARD00821

• Board Meeting Date: 5/21/2001
• Description: WSP Section - CO River Basin Issues, Draft Principles of the CO River Basin States Concerning the CO River Delta in Mexico
• Board Meetings - Doc Type: Memo

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PRAFT PRINCIPLES OF THE COLORADO RIVER BASIN ST A TESI
CONCERNING THE COLORADO RIVER DELTA IN MEXICO

1. The sovereign authority of the Republic of Mexico over the appropriation,
administration, development, use and management of Colorado River water that flows across the
International Boundary, and over the protection of the natural environment in Mexico, is
recognized, The MexicolUnited States Treaty of 19442 allots to Mexico the quantity of Colorado
River water subjectlo that sovereign authority, but does not abrogate or diminish the sovereign
authority of the Republic of Mexico over Colorado River water in Mexico.

2. The United States and the respective Basin State.s have sovereign authority over
the appropriation, administration, development, use and management of Colorado River water
within their territorial boundaries. The MexicolUnited States Treaty of 1944 imposes a delivery
obligation ofthe United States to Mexico at tbe points of delivery specified in said Treaty, but
does not abrogate or diminish the sovereign authority of the United States or the Basin States
over Colorado River water in the United States.

3, The United States is and has been in full compliance with its obligations under the
MexicolUnited States Treaty of 1944 and Minute 242 ofthe International Boundary and Water
Commission. The water delivered from the United States to Mexico, from whatever source,
needs to be properly accounted under the Treaty. There is no existing or antieipated action,
including specifically operations under the Interim Surplus Guidelines, by or within the United
States, that would result in any violation of any such obligation under said Treaty or Minute 242.

4. The Endangered Species Act of 1973, as amended, is a law of the United States.
It does not apply to actions of persons within the United States that have or may have effects
upon listed species located in Mexico.

5. While respecting the sovereign authority of the two countries and the limitations
of national law and the Treaty, the interests of international comity require communication and
cooperation between the two national governments in resolving any issues of mutual interest in
the Colorado River Delta, These issues are interrelated and should be addressed in conjunction
with each other. Any analysis and proposal made should be in the context of all related needs in
Mexico, so there can be a full understanding of the implications of each proposal, For example,
protecting and enhancing the natural values in the Delta cannot be resolved in the absence of
addressing the water supply needs of the Baja region, consistent with the 1944 U.S./Mexico
Treaty.

IAdeona, California, Colorado, New Mexico, Nevada, Utah and Wy"ming.
21n referring to the 1944 U,S.lMexic" Treaty, this document refers only to those provisions of the Treaty that deal
with the Colorado River. It docs not deal with those aspecrs of the Treaty that deal with other rivers, such as the Rio
Grande.