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Agenda Item 12f Attachment November 19-20, 2001 Board Meeting Page 3 of9 . . 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) in analyzing Lower Colorado River operations, in particular the Bureau of Reclamation's failure to consider the impacts of its actions on federally listed species in the Delta in Mexico; and WHEREAS, without participation from all the Colorado River Basin States, the International Boundary and Water Commission (lBWC) adopted Minute 306 (attached) to the 1944 Treaty on December 12, 2000 and informed the Colorado River Water Users Association at their annual convention in Las Vegas. NOW THEREFORE BE IT RESOLVED that it is the policy of the Colorado Water Conservation Board with respect to the Colorado River Delta in Mexico and issues relating to Mexico: . I. To continue to learn more about Delta issues and Mexican law and institutions. 2. To continue to monitor activities of the IBWC, particularly with respect to Minute 306. 3. To recommend to the Colorado Attorney General that an amicus briefbe filed in the pending litigation with the Defenders of Wildlife, if appropriate, asserting that ESA has no application outside the borders ofthe U.S.A. 4. To actively participate with the other Colorado River Basin states in developing positions on issues concerning the Delta and to communicate those positions to their respective congressional delegations, the State and Interior Departments and water users. 5. To insist that both the State and Interior Departments coordinate and communicate with the Colorado River Basin States on issues concerning the Delta and acknowledge the basin states' authority to administer water and water rights within their borders pursuant to interstate compact and allocations made therein. 6. To encourage sound and unbiased research concerning the natural environment of the Delta and the establishment of clear and concise recovery goals for threatened and endangered species in the Colorado River Basin of the U.S.A. 7. To aclmowledge that protection and enhancement of the natural resources of the Delta are important to Mexico and environmental organizations and urge the U.S. government to assist Mexico in protecting the resources of the Delta. 8. To oppose the U.S.A. making any commitments to provide any Colorado River water other than what is currently required by the 1944 Treaty and allowed by the Law of the Colorado River and to request that water that is curreutly delivered to the Santa Clara Slough for beneficial environmental purposes be counted as part of the U.S. obligation to deliver 1.5 MAF per year to Mexico. 9. To encourage Mexico to find management or structural solutions within the waters available to Mexico pursuant to the 1944 Treaty. Such solutions should include the application of better management practices, structural solutions to Delta lands, and management of return flows and waters currently arriving in the Delta region from other sources in Mexico. 10. To encourage the Bureau of Reclamation to continue their investigation of opportunities that would alleviate the need to operate the Yuma Desalter. However, if it becomes necessary to operate the Yuma Desalter for its authorized and intended purposes then such should only occur to the extent necessary. II. That we presently take no position on whether or not the interim period for using the savings realized by the lining of the Coachella Canal to offset the need to operate the Yuma Desalter is over. Furthermore, when the interim period is officially over, it is incumbent on the Bureau of Reclamation and the Department of Interior to provide a new source of water that will offset the need to operate the Yuma Desalter. Absent such .