Peter Silva - Urban Water Institute, Inc.

Report
BINATIONAL COOPERATION
WITH MEXICO ON
COLORADO RIVER ISSUES
Urban Water Institute
August 15, 2013
Peter S. Silva, PE
Consultant (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.
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2
International Boundary
and Water Commission
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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
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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
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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
5
U.S. – Mexico Boundary
6
IBWC- U.S. Section
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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
7
IBWC- Mexico Section
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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
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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)
Upper Basin States
Lower Basin States
1.04 .49
3.86
1.71
.80
.3 .2
4.4
5.1
2.8 2.4
1.8
.05 .02
.84 .39
Apportionments
Deliveries in 1990s
2.5
1.5
Mexico
Pressures on
Colorado River System
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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
12
All-American Canal
DROP 3
Lining of All-American Canal
Controversy
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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)
14
AAC Controversy Aftermath
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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
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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
17
Alignment of U.S.-Mexico Issues
2007
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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
Morelos Dam
Mexicali Valley
Pacific
Ocean
Gulf of
California
Pressures in Mexico on CR Uses
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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.
20
Minute 316: Yuma Desalting Plant
Signed May 14, 2010
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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 2011
21
Yuma Desalting Plant
Col
Ciénega de
Santa Clara
Minute 317
Signed June 17, 2010
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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
23
Minute 318
Signed 12/20/2010
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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
24
Negotiations on Minute 319
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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
25
Components of Minute 319
Signed November 20, 2013
1.
2.
3.
4.
5.
6a.
6b.
7.
8.
Extension of Minute 318 Measures
Surplus sharing criteria
Shortage sharing criteria
Intentionally Created Mexican Allocation
Management of Salinity Issues
Water for the Environment
ICMA/ICS Exchange Pilot Program
Binational Projects
Five-year term for Minute
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Minute 319 Binational Projects
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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)
27
Potential Binational Projects
under Minute 319
Use of AAC
Morelos Dam
Desal
Plant
Pacific
Ocean
Agriculture
Conservation
Environmental
Project
Gulf of
California
Minute 319 Work Groups
established and meeting
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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 Groups
to be established
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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
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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 Direction
on Binational Cooperation on the CR
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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
32
Gracias
Peter Silva, PE
Silva-Silva International
psilvape@yahoo.com

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