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13157 Mexico - Minute 306 of the International Boundary Water Commission: Framework for Future US-Mexico Studies Concerning Riparian and Estuarine Ecology in the Colorado River


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13157

 

 

BOUNDARY WATERS

 

 


Minute No. 306 of the
International Boundary and
Water Commission,
UNITED STATES OF AMERICA
and MEXICO

 


Signed at El Paso December 12, 2000

 

 

 

 




NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

MEXICO

Boundary Waters

Minute No. 306 of the International Boundary and
Water Commission, United States and Mexico.
Signed at El Paso December 12, 2000;
Entered into force December 13, 2000.

INTERNATIONAL BOUNDARY AND WATER COMMISSION
UNITED STATES AND MEXICO
El Paso, Texas
December 12, 2000
Minute No. 306
CONCEPTUAL FRAMEWORK FOR
UNITED STATES - MEXICO STUDIES FOR FUTURE
RECOMMENDATIONS CONCERNING THE RIPARIAN AND
ESTUARINE ECOLOGY OF THE LIMITROPHE SECTION OF THE
COLORADO RIVER AND ITS ASSOCIATED DELTA
The Commission met in the offices of the United States Section in El Paso,
Texas, at 11:00 a.m. on December 12, 2000, to consider a conceptual framework for
cooperation by the United States and Mexico through the development of studies and
recommendations concerning the riparian and estuarine ecology of the Colorado River
in its limitrophe section and its associated delta.
The Commissioners observed that studies are currently being performed by the
Commission to improve the capacity of the Colorado River channel to convey normal
and flood waters in the 24 mile (36 kilometer) limitrophe section of the Colorado River
under the authority of Article 13 of the United States - Mexico Treaty for "Utilization
of Waters of the Colorado and Tijuana Rivers and of the Rio Grande," signed February
3, 1944. Studies are also currently being performed by the Commission on the
preservation of the channel of the Colorado River in its limitrophe section under the
terms of Article IV of the United States - Mexico Treaty to Resolve Pending Boundary
Differences and Maintain the Rio Grande and the Colorado River as the International
Boundary, signed November 23, 1970.
The Commissioners referred to the Commission's binational technical task
force (hereinafter binational technical task force) that was established to facilitate
studies concerning the Colorado River delta in Mexico, as well as water flows to the
Santa Clara Slough which are discharged to Mexico under IBWC Minute No. 242,
entitled "Permanent and Definitive Solution to the International Problem of Salinity of
the Colorado River," signed August 30, 1973. They made note of the United States -
Mexico consultations concerning the proposed United States modification of its
domestic surplus water guidelines, currently being conducted under the auspices of the
Commission.
The Commissioners noted that each country has laws and regulations
concerning the preservation of riparian and estuarine system habitat that are executed
by authorities that are provided such responsibility in their respective country. The
Commissioners recognized that collaboration is growing between those authorities as
well as between scientific, academic and non-government organizations in the two
countries which have an interest in preserving the Colorado River delta ecology. They
observed that some studies conducted by these groups have provided some definition
INTERNATIONAL BOUNDARY AND WATER COMMISSION
UNITED STATES AND MEXICO
...2
of the ecology affected by decreases in Colorado River flows in this reach and potential
impacts to the habitat of fish, marine and wildlife species of concern to each country.
The Commissioners observed that some entities in their respective countries may seek
water and seek to ensure its use for ecological purposes in the Colorado River's
limitrophe section and the Colorado River delta.
The Commissioners recognized that there was a need for the United States and
Mexico to create a framework to formalize a process that will: 1) consider Colorado
River delta restoration studies prepared by government, scientific, academic and non-
government organizations in the two countries; 2) provide for development of
additional studies through the binational technical task force; and 3) formulate
recommendations for cooperative projects concerning the Colorado River delta in
Mexico to be undertaken by the United States and Mexico based on the principle of an
equitable distribution of resources. The Commissioners also recognized that there is
a need to support the binational technical task force with a forum for the exchange of
information and advice among government and non-government organizations with an
interest in the affected areas.
Based on the above, the Commissioners submit the following recommendation
for the approval of the two Governments:
1. That in recognition of their respective governments' interest in
the preservation of the riparian and estuarine ecology of the
Colorado River in its limitrophe section and its associated delta,
the Commission shall establish a framework for cooperation by
the United States and Mexico through the development of joint
studies that include possible approaches to ensure use of water
for ecological purposes in this reach and formulation of
recommendations for cooperative projects, based on the
principle of an equitable distribution of resources. The
Commission may elicit the support and technical advice of the
competent agencies of each Government.
2. That the Commission, through the binational technical task
force, shall examine the effect of flows on the existing riparian
and estuarine ecology of the Colorado River from its limitrophe
section to its delta with a focus on defining the habitat needs of
fish, and marine and wildlife species of concern to each country.
3. That the Commission shall support the binational technical task
force by establishing a forum for the exchange of information
and advice among government and non-government
organizations with an interest in the affected area.
INTERNATIONAL BOUNDARY AND WATER COMMISSION
UNITED STATES AND MEXICO
...3
4. That all activities undertaken pursuant to the provisions of this
Minute shall be subject to the availability of funds, resources,
and corresponding personnel as well as to applicable laws and
standards in each country.
5. That this Minute shall enter into force upon notification of
approval by the Government of the United States and the
Government of the United Mexican States through the respective
Sections of the Commission.
The meeting was adjourned.

John M. Bernal
United States Commissioner
Manuel R. Ybarra
United States Section Secretary
J. Arturo Herrera Solis
Mexican Commissioner
José de Jesus Luévano Grano
Mexican Section Secretary



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