BOARD01900

• Board Meeting Date: 11/20/2000
• Description: WSP Section - Colorado River Basin Issues - Colorado River Delta Issues
• Board Meetings - Doc Type: Memo

~-...,

Agenda Item 23(f)
November 20-21, 2000 Board Meeting
Page 2 of3

Judge Robertson ruled that none of the 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, During this conference Deputy Secretary of Interior, David Hayes,
described the "Joint Declaration" and indicated DOl was developing a process for
implementing the "Joint Declaration," Hayes hoped that recommendations from the
Riverside conference could be incorporated into the workshop DOl was going to host on
October 11, 2000 in Washington D,C.

While staff did not attend the Riverside conference, staff did attend DOl workshop on
October 11 th Prior to the October 11 th workshop, the seven Colorado River basin states
conferenced and prepared an outline of possible discussion points (attached), The points
emphasized during the workshop were:

1. Maintain the cooperative working relationship that has existed between the two
countries, DOl and the seven basin states,
2, Planning environmental restoration in the Delta is premature,
There is no set of restoration goals for the Delta.
The Mexican government has not taken a position on Delta restoration goals,
Current litigation in the Defenders of Wildlife v, Babbitt is a hindrance to open
discussions,
3, Proposals for providing additional water to the Delta are inconsistent with the 1944
Mexican Water Treaty and other components of the "Law of the River."
4, Prior to any restoration efforts, an appropriate foundation of information on which to
base restoration efforts must be developed,
5, The efforts to restore the Delta and the process for developing and implementing
interim operating criteria are separate issues and should not be linked,

.

The purpose of the October 11 th workshop was to help DOl understand the stakeholder
perspectives related to the Delta and decide how DOl should proceed with implementing
the "Joint Declaration,"

David Hayes stated that this workshop was the very beginning of a dialogue on the Delta,
His desires were to begin to develop a common knowledge base and understanding, open
lines of communication, and to develop an approach for implementing the "Joint
Declaration" with Mexico, His goals and expectations appeared modest and he was not
looking for any decisions or actions to take specifically, John Leschey commented on the
litigation concerning the Delta and stated that Interior's desire was to have an informal
exchange of information and views; nothing said at the DOl workshop was to have any
effect on the litigation,

Professor Ed Glenn gave the most interesting presentation during the workshop, his
report can be found on the EDF website, In short, except for high flows every 4 or 5
years (260,000 AF during runoff requested) it seemed as though what was really needed
was better ways to manage the water that already gets to the Delta as a result of irrigation

e