BINATIONAL COOPERATIONWITH MEXICO ON

COLORADO RIVER ISSUES

Urban Water Institute

August 15, 2013

Peter S. Silva, PEConsultant (SSI)

Metropolitan Water District

U.S. - Mexico Relations

All formal relationships on any matter must be through federal governments of both countries

U.S. states have no authority to enter into agreements directly with a Mexican state or other entity

All international issues are managed: by the U.S. State Department by Mexico Relaciones Exteriores

All binational issues related to maintenance of the border and water issues are managed by the International Boundary and Water Commission. 2

International Boundaryand Water Commission

Feb. 2, 1848- Treaty of Guadalupe Hidalgo March 1, 1889- International Boundary

Commission Feb. 3, 1944- Water Treaty for the

“Utilization of Waters of the Colorado and Tijuana Rivers and the Rio Grande”

Changed the name of the IBC to the International Boundary &Water Commission

3

1944 Water Treaty

Apportioned water from the CR and Rio Grande between the two countries

Did not deal with Tijuana River Mexico receives 1.5 MAF of CR water

annually CR water to Mexico capped at 1.7 MAF

annually In reality, received more than 1.7 MAF prior

to 2000 Treaty refers to shortages to Mexico but

does not define “extraordinary drought’

4

IBWC

Both a U.S. and Mexico Section in El Paso, TX and Ciudad Juarez, Chihuahua

Commissioners must be “Engineers” and appointed by the respective Presidents Currently in U.S.- Ed Drusina

Currently in Mexico- Roberto Salmon

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U.S. – Mexico Boundary

IBWC- U.S. Section

Deals with U.S. State Dept. on Treaty matters

Interacts with U.S. border states and cities– Water rights vested in states and local agencies

Can receive funding from Congress for construction of civil works in U.S. and Mexico

On Colorado River, acts as liaison with the U.S. Bureau of Reclamation (BOR) on Water Treaty deliveries to Mexico

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IBWC- Mexico Section

Deals with Relaciones Exteriores on Treaty issues

Interacts with Comision Nacional de Agua (CNA) on water issues– Mexico water owned by Fed. Govt.– Much less interaction with states than U.S. section

Does not receive federal funding for construction and O&M- relies on CNA for funding mechanisms

On Colorado River issues acts as liaison with CNA on Treaty water deliveries from U.S.

8

IBWC “Minute” Process

IBWC Minute mechanism used for recognition of binational actions approved by both governments

“Minute” refers to minutes of meetings of two Commissioners that describe agreement(s) reached

Formalized by informal approval of both countries’ Congresses through respective Ministries

Not formal amendments to the Treaty but treated with equal deference by the governments

319 Minutes signed to date 9

Colorado River Apportionments (Million acre-feet)

Apportionments

Deliveries in 1990s

Mexico

Upper Basin States

Lower Basin States

1.71

2.8

.3

1.04

3.86

4.4

.84

1.5

.05

.39

.80

2.4

.2

5.1

.49

1.8

2.5

.02

Pressures onColorado River System

Prior to 2000, both CA and Mexico using more than their CR allocations

In 2003, in California, QSA implemented to deal with cutback to 4.4 MAF CR allocation

AAC lining project funded as part of QSA Extensive drought taking place immediately

after 4.4 plan and QSA initiated

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All-American Canal

DROP 3

Lining of All-American Canal Controversy

Idea of lining AAC formally presented to Mexico in 1998

Both formal and informal discussions with Mexico on project begin in 2003

In 2005, CDEM from Mexicali sues in U.S. federal court for injunction to stop project

Due to lawsuit and controversy, formal discussions with Mexico cease (informal talks continue)

12/8/06- Congress passes rider bill to move project forward (ESA exemption)

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AAC Controversy Aftermath

Recognition by both governments that AAC issue not best model for cooperation

1944 Treaty silent on groundwater issues & both governments reluctant to address these issues

Idea of Binational Cooperative Process for CR began in 2007

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Drought on the Colorado River

U.S. Actions on CR Drought

Severe drought in CR system led to discussions between U.S. basin states and BOR on shortage and surplus issues

Discussions led to signing of BOR Operating Criteria for the CR on 12/13/2007

Intentionally did not deal with Mexico issues but recognized need for Mexico participation

Criteria EIS did include assumptions for shortage and surplus sharing by Mexico

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Alignment of U.S.-Mexico Issues2007

Signing of BOR CR operating procedures allowed better focus on Mexico CR issues

Establishment of BCP work groups facilitated discussions on CR matters

Extensive dialogue through IBWC process on projects as well as shortage and surplus sharing

Good basis established for binational cooperation

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Mexico (Baja) CR System

Mexicali Valley

Gulf of California

M E X I C OC A L I F O R N I A

A R I Z O N A

Morelos Dam

PacificOcean

Pressures in Mexico on CR Uses

1.5 MAF used primarily by Baja CA (some in Sonora) for both agricultural and urban uses

Similar battles as in CA between ag & urban users

Recognition of restricted use based on allocation

Continued population growth in coastal areas with very limited supplies

View of AAC lining and Drop 2 project as impacting CR flows to Mexico

Willingness to discuss broader CR issues with U.S.

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Minute 316: Yuma Desalting PlantSigned May 14, 2010

Initial concerns from Mexico over U.S. intent

First project developed under the new BCP Better communication by the two

governments on the project issues More inclusion of key stakeholders from

both countries Innovative funding mechanisms established

in both countries to implement project A major component was funding for review

of potential environmental impacts to the CR Delta

Pilot project completed in March 201121

Yuma Desalting Plant

YUMADESALTING

PLANT

Gulf of California

Colora

Rido

ver

Cad

Ri

olor

erv

o

Ciénega de Santa Clara

Arizona

California

Mexico

Wellton-Mohawk

IDDMorelos

Dam

Minute 317Signed June 17, 2010

Titled “Conceptual Framework for U.S.-Mexico Discussions on Colorado River Cooperative Actions”

Formalized Binational Cooperative Process (BCP)

Instituted Binational Work Groups as well as a Core Group and a Consultative Council

Promoted idea of binational projects that promote water conservation and development of new water sources

Formalized the idea of addressing environmental issues as part of projects

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Minute 318Signed 12/20/2010

Titled, “Adjustment of Delivery Schedules for Water Allotted to Mexico for the Years 2010 Through 2013 as a Result of Infrastructure Damage in Irrigation District 014, Rio Colorado, Caused by the April 2010 Earthquake in the Mexicali Valley, Baja California”

Allowed Mexico to store some of its Treaty water in Lake Mead for future delivery

Made possible by three years of intensive discussions by the two governments

Mexico stored 50 TAF in 2011, plans to store up to 250 TAF by 2014

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Negotiations on Minute 319

Led by the IBWC Sections in US and Mexico In U.S., BOR took the lead on input from US

Basin states and coordinating with IBWC In Mexico, IBWC coordinated with CNA Extensive internal US negotiations among

US Basin States on key CR system operation issues

Intense binational negotiations lasted two years

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Components of Minute 319Signed November 20, 2013

1. Extension of Minute 318 Measures2. Surplus sharing criteria3. Shortage sharing criteria4. Intentionally Created Mexican

Allocation 5. Management of Salinity Issues6a. Water for the Environment6b. ICMA/ICS Exchange Pilot Program7. Binational Projects8. Five-year term for Minute

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Minute 319 Binational Projects Environmental project at Miguel Aleman

site Water Conservation Projects

– Alamo Canal Regulating Reservoir– Fallowing– Modernization of Irrigation District 014

Conveyance of Mexico Water via AAC New Water Sources

– Binational Desal Plant at Rosarito– Beneficial Use of New River flows– Binational Desal Plant (Gulf of California)

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Potential Binational Projectsunder Minute 319

AgricultureConservation

Use of AAC

EnvironmentalProject

DesalPlant

Gulf of California

M E X I C OC A L I F O R N I A

A R I Z O N A

Morelos Dam

PacificOcean

Minute 319 Work Groupsestablished and meeting

Environmental- Work on criteria for base and pulse flows.

AAC Connection- Work to design and construct connection to AAC

Rosarito Desal- Continuing effort to construct desal plant in Rosarito, BC

Miguel Aleman- Binational site on CR for environmental remidiation

Minute 319 Work Groupsto be established

Canal Reforma- To work on ag conservation efforts in Mexicali Valley

Alamo Canal- Design and build a regulating reservoir for Mexico

New River- Conceptual project to reclaim and reuse the water currently in New River

Desal in Gulf of Cortez- Long-term project to build major facility to serve both US & Mexico

Minute 319 Policy Groups

Water Accounting & Operations- Binational team to exchange information on water sources and develop ideas to improve delivery

Basin Conditions & Hydrology- Binational team to ensure timely information on hydrology in the CR basin

Minute 319- New Directionon Binational Cooperation on the CR

More inclusive involvement by both governments on CR issues on a basin-wide basis

Allows use of U.S. CR facilities by Mexico for benefit of entire basin

New opportunities for binational projects to enhance water availability in both countries

Focus on environmental issues related to CR projects and programs

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Gracias

Peter Silva, PESilva-Silva International

psilvape@yahoo.com