Several tributaries of the Colorado River get their start in the crags of the Central Colorado mountains. Storied rivers: Blue, Eagle, Roaring Fork and the powerhouse Gunnison. They’ve all faced the footstep of humankind. The mines dotting the slopes, hay fields, ranching, orchards and cornfields bear witness and are now part of the allure of the high country. Folks cast a line, shoot rapids and enjoy the scenery of those waterways.
On September 27, 2017, the International Boundary and Water Commission, United States and Mexico inked Minute 323, the amendment to the 1944 United States-Mexico Treaty for Utilization of Water covering operations on the Colorado, Rio Grande and Tijuana rivers. (The Rio Grande is another of Central Colorado’s contributions to the Western U.S. economy.)
An important part of Minute 323 are environmental flows for the Colorado River Delta. Most everyone knows the river doesn’t reach the sea any longer. Environmental streamflow was initiated under Minute 319 signed by then Secretary of Interior Ken Salazar.
In March 2016 a diverse group of conservationists, biologists, irrigators and government officials effected a release of 100,000 acre-feet of water from Morelos Dam into the dry Colorado River Delta. There was a line of vehicles racing point to point along the river to witness the river’s front. At San Luis Rio Colorado, most of the residents went down to the river to celebrate the return of the river although many had no memory of running water in the sandy channel.
There was a great deal of success from channeling some of the streamflow to restoration sites in the Delta. Within weeks, new growth sprouted – cottonwoods and willows. Much of the diverted water served to replenish groundwater supplies. Wildlife immediately started using the habitat.
There probably won’t be a repeat of the Colorado River once again reaching the sea. The environmental flows in Minute 323 are planned to be set to work in the restoration of the Delta. It was great to see the river reach the sea but the conservationists want to concentrate flows like irrigators do for maximum yield.
Another feature of the deal allows Mexico to store water in Lake Mead to better manage their diversions for agriculture. The U.S. is also helping to rebuild and upgrade Mexican infrastructure. Under Minute 319, Mexico was allowed to continue storing water, and that water was used for the pulse flow. The idea is that greater efficiency in Mexico will lead to more storage in Lake Mead.
Currently, Arizona, California and Nevada are working on a drought contingency plan to stave off a shortage declaration in Lake Mead. Arizona’s Colorado River allocation takes a big hit under a declaration. Mexico’s water in Lake Mead will help. Negotiations about the drought contingency plan will now move forward with greater certainty with the signing of Minute 323.
The final signatures for the Minute came from Roberto Salmón (Mexico) and Edward Drusina (U.S.). There were several officials from President Obama’s administration in attendance, including Jennifer Gimbel and Mike O’Connor. The negotiations started before last year’s election but did not conclude before the inauguration.
Minute 323 is an important piece of the puzzle for administering the Colorado River.
Central Colorado is joined at the economic hip with the Colorado River. A lot of transbasin water flows down the Arkansas River from the Twin Lakes and Fryingpan-Arkansas projects. Some is pumped over to South Park by Colorado Springs and Aurora but most of it goes down to Lake Pueblo and the Fry-Ark partners. Colorado Springs, Fountain and Security pump some back north in the Fountain Valley. Cities along the river divert and treat the water for their populations. The water also is used to grow the famous crops in the Arkansas Valley: Rocky Ford melons, Pueblo chile, corn and others. Timing the releases from Twin Lakes and Turquoise Reservoir also contributes to the rafting economy. 100 miles of the Arkansas River are designated as gold medal fisheries. Transbasin flows help the riparian habitat.
• Comments about managing the Arkansas Headwaters Recreation Area are due by November 10, 2017. Check out the AHRA Plan Revision page on the Colorado Parks & Wildlife website.
• Congratulations to Wet Mountain Valley ranchers Randy and Claricy Rusk for winning the Dodge Award for a lifetime of conservation from the Palmer Land Trust.
• Congratulations to the Colorado Parks & Wildlife folks at the Roaring Judy Hatchery for successfully spawning the line of Cutthroat trout rescued from Hayden Creek during the Hayden Pass Fire.
• James Eklund has moved on from the Colorado Water Conservation Board and Becky Mitchell is the new director.
• Coloradans cam now legally collect rain off their roofs. Governor John Hickenlooper signed House Bill 1005 in May.
• R.I.P. Gary Bostrom. He was one of the driving forces behind Colorado Springs’ $825 million Southern Delivery System.
John Orr works for a Front Range water utility where he keeps one eye on the sky to monitor Colorado snowpack. He covers Colorado water issues at Coyote Gulch (www.coyotegulch.blog) and on Twitter @CoyoteGulch.
A group of scientists, including those from the U.S. Geological Survey, are also gaining insight into how the flow was felt by plants, animals and the overall delta ecosystem.
Using a mix of groundwater monitoring and satellite imagery, scientists say even the pulse’s modest flow of water — approximately one-twentieth the amount that spilled into the delta before humans built the river’s massive upstream dams — recharged aquifers, greened plant life and spurred the return of bird species.
Years before the flow, Mexico and the United States agreed to the experiment, and to the idea that the water was not just for human use, but can and should be used to revive ecosystems. The agreement — an update to a 1944 treaty between the two countries — gave Mexico the ability to store more water in American reservoirs and, just once, flood the final miles of the dry river bed to see what happened.
From above you can use the naked eye to see the water’s effect. Before and after photos show plant life greening not just in the river’s bed where water actually flowed, but beyond the banks, which Leenhouts says is a sign of recharged groundwater.
“In the two years following the flow it was possible to measure increased green up,” using satellite images, he says.
During that same period both the number of and varied species of birds increased, he says, a side effect of the revived vegetation.
Even though the pulse flow only lasted a few months in 2014, its effects lasted for years. The greenness of vegetation wasn’t as vibrant the following year, but it was still greener compared to 2013. That indicates the single sustained flow provided enough water to keep plants alive for at least a year…
Scientists’ chance to study and test the effect of simulated floods isn’t over. A new update to the 1944 treaty signed this year allows for more pulse flows when Mexico stores surplus water.
Here’s a report from Emily Benson writing for The High Country News. Click through and read the whole analysis. Here’s an excerpt:
For many people, the 2014 “pulse flow,” a large release of water from Morelos Dam, on the U.S.-Mexico border, was the defining feature of the 2012 agreement. The agreement also addressed drought, reservoir storage and environmental restoration in the Colorado River Delta. The 2014 release reunited the Colorado River with the Gulf of California for the first time since the late 1990s; it was both a scientific and symbolic success as communities along the Colorado River saw its dry channel once again fill with water. But the pulse flow also showed that a single release of water may not be the most efficient way to revitalize the Delta. So while the new agreement, called Minute 323, includes environmental water releases, it doesn’t specifically call for another pulse flow.
…a second round of releases is headed to the delta that won’t be nearly as dramatic [as the Minute 319 pulse flow]. But these flows will restore more riverfront with cottonwoods and willows than the last time and their impacts will likely last longer.
The new U.S.-Mexico Colorado River agreement, announced last week, sets aside 210,000 acre-feet of river water for environmental restoration in the delta over nine years, starting next year. This 2017 agreement also calls on the two countries to share shortages on the river in equal proportions in times of drought.
The earlier, 2012 agreement under which the huge pulse flow was unleashed also enabled the more gradual release of another 53,000 acre-feet over four years that will end Dec. 31, 2017.
The first round of flows has restored about 1,100 acres of cottonwood, willow and mesquite habitat, said Osvel Hinojosa, water and wetlands program director for Pro Natura Noroeste and a co-chair of an environmental working group that developed restoration ideas for the new agreement. Pro Natura is headquartered in Ensenada, Baja California.
In that time, more than 230,000 native cottonwoods and willows were planted along the river, said a coalition of six U.S. and Mexican conservation groups calling itself Raise the River. The groups raised more than $10 million for restoration work and to buy water rights for those releases.
This time, the goal is to restore about 4,300 acres over the next nine years, the new agreement says.
Now, “We will see a resurgence of the Colorado in its delta, the ribbon of green that is re-emerging in the Sonoran Desert,” said Jennifer Pitt of the National Audubon Society at last week’s signing ceremony in Santa Fe, New Mexico. “It offers relief to every living being that seeks rest in the cool shade of a cottonwood, renewal in the bounty of life that flows from the waters of the Colorado River. We are finding new ways to share the water, among our communities, but also with hundreds of thousands of egrets, herons, flycatchers, rails and other birds that need it to survive.”
Although smaller pulse flows may be released later, the immediate plan is to focus on lesser, steadier amounts of base flows, Hinojosa said. Pulse flows release lots of water over short periods from a single point such as the dam. Base flows deliver lesser amounts, often over longer periods to specific restoration sites.
“At this point, the best way to proceed with restoration is base flows. That’s the best use of the water,” said Karl Flessa, a University of Arizona geosciences professor who oversaw the scientific monitoring of the 2014 pulse-flow impacts and hopes to be involved in similar work this time.
A lot of the 2014 pulse flow infiltrated into deep groundwater and was not available to nourish cottonwoods and other trees, he said.
“By applying base flows to restoration sites, you make sure water gets to the right place at the right time,” Flessa said.
Hinojosa said he considers base and pulse flows equally valuable, and may want to use smaller pulse flows for social purposes — allowing people living nearby to enjoy water in the river and reconnect with nature.
Here’s the release from the Bureau of Reclamation (Lori Kuczmanski):
UNITED STATES AND MEXICO CONCLUDE COLORADO RIVER AGREEMENT
Officials with the International Boundary and Water Commission, United States and Mexico, today announced the conclusion of a new Colorado River agreement, Minute 323, “Extension of Cooperative Measures and Adoption of a Binational Water Scarcity Contingency Plan in the Colorado River Basin.” Commission officials signed the Minute on September 21 in Ciudad Juarez, Chihuahua and both governments approved it on September 27. The Minute’s entry into force was announced during a ceremony held at the Water Education Foundation’s Colorado River Symposium in Santa Fe, New Mexico. The Minute follows more than two years of negotiations among federal and state authorities from both countries, taking into consideration recommendations from the works groups, which included water users, scientists, academics, and nongovernmental organizations.
The agreement, which will remain in effect through 2026, extends or replaces key elements of Minute 319, a previous agreement that expires at the end of 2017. Minute 323 contains the following provisions:
Allows Mexico to defer delivery of a portion of its Colorado River allotment in the event of potential emergencies, such as earthquakes, or as a result of water conservation projects in Mexico. This water, known as Mexico’s Water Reserve, will be available for subsequent delivery to Mexico as determined through its planning processes. This gives Mexico greater flexibility in how it manages its Colorado River allotment while also boosting Lake Mead elevation to the benefit of all users.
Provides additional quantities of Colorado River water to Mexico during certain high elevation reservoir conditions at Lake Mead when additional water is available to users in the United States, providing benefits to both countries.
Establishes proactive basin operations during certain low elevation reservoir conditions at Lake Mead by applying water delivery reductions in order to deter more severe reductions in the future, giving certainty in both countries’ operations when these conditions occur.
Establishes a Binational Water Scarcity Contingency Plan so that, should a Lower Basin Drought Contingency Plan be put into effect in the United States, then Mexico will also undertake water savings in parity with U.S. savings. These savings will be recoverable when reservoir conditions improve.
Implements measures to address salinity impacts stemming from the joint cooperative actions, in conformance with the provisions of Minute 242, entitled, “Permanent and Definitive Solution to the International Problem of the Salinity of the Colorado River,” dated August 30, 1973.
Identifies measures to address daily flow variability in Colorado River water deliveries to Mexico.
Through a cooperative effort among the Governments of the United State and Mexico and nongovernmental organizations, provides water for the environment and funding for environmental monitoring and habitat restoration.
Provides greater U.S. investment in water infrastructure and environmental projects in Mexico than Minute 319 in order to modernize and improve Irrigation District 014 in the Mexicali Valley in areas that wish to participate. This will generate additional volumes of water that will be shared between both countries and the environment, in accordance with the Minute’s provisions.
Notes the ongoing efforts of the binational All-American Canal Turnout Project Work Group to examine resources associated with a potential binational connection between the All-American Canal in the United States and Mexico’s Colorado River Tijuana Aqueduct Pump Station PB 0.
“Minute 323 is the result of many rounds of technical discussions involving a broad group of stakeholders from both countries. This agreement puts us on a path of cooperation rather than conflict as we work with Mexico to address the Colorado River Basin’s many challenges,” said U.S. Commissioner Edward Drusina of the International Boundary and Water Commission.
Mexican Commissioner Roberto Salmon said, “This agreement provides certainty for water operations in both countries and mainly establishes a planning tool that allows Mexico to define the most suitable actions for managing its Colorado River waters allotted by the 1944 Water Treaty.”
Joining the Commissioners at the ceremony were David Bernhardt, United States Deputy Secretary of the Interior; Thomas Buschatzke, Director of the Arizona Department of Water Resources; Hillary Quam, Border Affairs Coordinator, U.S. Department of State Office of Mexican Affairs; and, from Mexico, Director General for North America Mauricio Ibarra of the Ministry of Foreign Relations.
The International Boundary and Water Commission, United States and Mexico, is responsible for applying the boundary and water treaties between the two countries. Under the 1944 Water Treaty, Mexico is allotted 1.5 million acre-feet (1850 million cubic meters) per year of water from the Colorado River
Minute 323 Agreement boosts water security for Colorado River water users, continues Delta restoration
(September 27, 2017) – Today, policymakers, water agencies, and conservation organizations from the United States and Mexico gathered to confirm the signing of Minute 323, an addendum to the 1944 Water Treaty between the United States and Mexico. The successful negotiation and signing of this agreement demonstrates the power of collaboration and cooperation between the United States and Mexico governments, and supported by the Raise the River coalition of non-profit organizations, to achieve progress on water security for Colorado River water users.
Raise the River Coalition’s public statement of support for Minute 323:
We applaud the leadership and vision of water managers and state and federal officials in United States and Mexico in adopting the Minute 323 Agreement to provide for a more secure water future for all Colorado River water users, and support continued restoration of the Colorado River Delta.
This new binational water sharing agreement shows the best of what collaboration can do, improving the reliability of the Colorado River water supply for everyone who uses it”. –Jennifer Pitt, Raise the River spokesperson and Colorado River Project Director, National Audubon Society
Officially titled “Extension of Cooperative Measures and Adoption of a Binational Water Scarcity Contingency Plan in the Colorado River Basin”, Minute 323 commits the United States and Mexico to work together to address potential Colorado River water shortages and to meet new water conservation and storage objectives. It represents the joint efforts of local, state, and the federal governments of both countries to set a course for a more secure water future for the more than 36 million people who rely on the Colorado River in the United States and Mexico.
“This is an exciting day for both countries,” said Osvel Hinojosa, Water and Wetlands Program Director at Pronatura Noroeste, a Mexican non-profit conservation organization. “Especially for those of us who have worked in the delta for decades.”
The Colorado River is one of the most critical sources of water in the West, supplying water to 36 million people and 5.5 million acres of agricultural land in seven states in the U.S. and two states in Mexico. More than 17 years of drought have diminished the reliability of the Colorado River water supply, putting an enormous population and economy at risk of disruptive water shortages. Proactive investments in water conservation, paired with agreements among Colorado River water users about how to share when the water supply is limited, will create the certainty needed to ensure that the region’s economies continue to thrive.
As the Colorado River is shared by both the United States and Mexico, it is subject to various binational agreements extending back to the 1944 Water Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande.
The International Boundary and Water Commission (IBWC) and its Mexican counterpart (CILA) are the U.S. and Mexican federal agencies that negotiate and implement binational water treaties and water allocations. In 2012, the IBWC and CILA successfully negotiated Minute 319, an agreement that helped the two countries better implement the 1944 U.S.-Mexico Water Treaty (these types of supplementary treaties agreements are referred to as ‘Minutes’). The result of this extraordinary binational collaboration, Minute 319 provided multiple benefits for water users on both sides of the border. It broadly provided for the United States and Mexico to share surpluses in times of plenty and reductions in times of drought and provided for water flows for the environment. The agreement also served to recognize the Colorado River Delta as a place of ecological significance for both countries.
Minute 319 concludes on December 31, 2017. Its successor agreement, Minute 323, promotes a more secure water future while scaling up ongoing environmental restoration projects in the Delta.
Specifically, Minute 323:
Provides for Mexico to continue to store its water in Lake Mead, helping to keep reservoir levels high enough to avoid triggering dramatic cuts to Colorado River water users.
Includes an agreement between both the United States and Mexico for voluntary water cutbacks in times of droughts that further staves off triggering a shortage declaration. Should a shortage be declared, these new commitments will slow progress towards even larger water shortages.
Commits US water managers to invest $31.5M in water efficiency projects in Mexico that will result in savings of more than 200,000 acre-feet of water. In return, the U.S. entities will receive a one-time water exchange, and over the long term, Mexico will benefit by generating additional water from these conservation programs and improved infrastructure.
Obliges both the United States and Mexico to each provide water and funding for continued habitat restoration and scientific monitoring in the Colorado River Delta through 2026, with Raise the River contributing matching amounts.
“We have worked closely with the governments of Mexico and the United States to demonstrate the Colorado River Delta’s tremendous resilience,” states Hinojosa. “Through a combination of limited water deliveries and on-the-ground work to restore natural habitat, native vegetation is sustaining a great diversity of life in these sites and there has been a renewal of the community relationships and engagement that promote long-term stewardship of the river.”
Raise the River has been a leading advocate of – and active participant in – the negotiation and drafting of Minute 323 to support continued cooperative Colorado River management between Mexico and the United States.
“Minute 323 recommits the United States and Mexico in their successful partnership with NGOs to restore the Colorado River in its long-desiccated delta; this is a big win for people and for nature,” says Pitt.
Raise the River’s successful habitat restoration under Minute 319 helped lay the foundation for Minute 323. Between 2013 and 2017 Raise the River provided active management of restoration sites, including base flows – smaller, periodic releases of water – to restore over 1,000 acres of riparian habitat along the river’s main channel, where more than 230,000 native cottonwoods and willow trees were planted. Raise the River was also an active participant in the scientific monitoring of the results of these environmental water flows.
In addition to these restoration results, Raise the River established a water trust in Mexico that permanently acquired water rights from voluntary sellers in the Mexicali Valley to support their commitments. This was funded by raising more than $10M for restoration and water acquisition from US and Mexico foundations, corporations, federal agencies, and individuals.
Raise the River engaged over 9,800 local residents, school children, and volunteers from around the world in on-site restoration work and environmental education programs, as well as created more than 140 jobs in 2016 alone, related to completing the restoration work.
“Minute 323 represents a global model for managing shared watersheds in response to declining water supplies or long-term drought,” explains Pitt. “It also sets a standard of international cooperative management for countries working together to achieve mutually desired outcomes both for water users and for the environment.”
Raise the River’s primary goal is to bring water and life back to the Colorado River Delta, and in doing so, create a model for future trans-national river restoration efforts throughout the world. In meeting our goal, we will rebuild the habitats that support local communities and wildlife.
Officials from both sides of the U.S.-Mexico border on Wednesday signed a new water pact that brings Mexico in as a full partner on the Colorado River and could boost Lake Mead.
The historic agreement, known as Minute 323 to the Mexican Water Treaty of 1944, spells out how much Mexico would have to reduce its river use in the event of a shortage on the Colorado and how much extra water the nation would get in a surplus.
It also opens the door to more cross-border cooperation on water efficiency projects — including some paid for by the Southern Nevada Water Authority — that could help slow the declining water level in Lake Mead.
To that end, Mexico has agreed to a series of voluntary reductions in its Colorado River use to prop up the reservoir east of Las Vegas and stave off more severe mandatory cuts.
Nevada, Arizona and California have agreed in principle to similar voluntary cuts as part of a so-called Lower Basin Drought Contingency Plan. Water managers hope the three states will finalize that plan sometime next year.
The treaty amendment was signed by representatives from the International Boundary and Water Commission of the United States and Mexico during a Sept. 21 meeting in Ciudad Juarez, Mexico. It took effect Wednesday, after the governments of the two countries approved it.
The treaty amendment also sets aside some river water and funding to support environmental restoration work south of the border, where the Colorado River Delta has been left dry by upstream diversions to farms and cities in the U.S. and Mexico. Aside from a few isolated floods, the river stopped emptying into the Gulf of California in the 1960s with the construction of Glen Canyon Dam and the creation of Lake Powell on the Utah-Arizona border.
The new agreement extends and expands upon a 2012 deal between the two countries that allowed Mexico to store some of its unused river water in Lake Mead. That pact, known as Minute 319, was due to expire at the end of the year.
Under Minute 323, the water authority, the U.S. Bureau of Reclamation and water agencies in Arizona and California will provide up to $31.5 million for water efficiency improvements in Mexico through 2026. In return, the contributing agencies would share as much as 229,100 acre-feet of Colorado River water, which is almost enough to supply the entire Las Vegas Valley for one year.
Mexico is expected to use the money to line canals, repair pipes, curb runoff from farm fields and make other water-saving improvements, mostly to its thirsty agricultural sector.
The Southern Nevada Water Authority will get 27,275 acre-feet of water for its initial $3.75 million investment south of the border.
If additional projects are identified after the first round of work in Mexico is done, the authority would chip in up to $3.75 million more in exchange for another 27,275 acre-feet from the river.
One acre-foot of water will supply two average valley homes for just over a year. About 90 percent of the valley’s water supply comes from the Colorado by way of Lake Mead.
The signing of the agreement in Santa Fe, N.M., was led by the International Boundary and Water Commission. The agency is responsible for overseeing water treaties between the United States and Mexico and is composed of representatives from both countries…
Several water agencies in California, Nevada and Arizona have anticipated the agreement for weeks and were optimistic the conservation efforts aimed at Mexico would ultimately lead to more secure water supplies for residents and farmers who rely on Lake Mead and the Colorado River.
Some of the conservation efforts in Mexico funded by the United States would include relining leaky canals, improving water pump systems and using more advanced runoff capture systems that allow water to be reclaimed and stored, according to officials familiar with the agreement.
Southern Nevada Water Authority General Manager John Entsminger, who attended the signing in New Mexico, said in a statement that the agreement was critical for long-term sustainability…
Jeffrey Kightlinger, general manager of the Metropolitan Water District of Southern California, said that the river is already close to a critical shortage and that the agreement helps all parties navigate the effects of climate change on the river’s future.
The commission said officials from the two nations signed the agreement in a ceremony in Santa Fe, New Mexico, on Wednesday. Under the deal, the U.S. government and Southwestern water users will invest up to $31.5 million in water delivery systems and farm efficiency upgrades south of the border.
In exchange, Mexico will parcel out a portion of its river allotment to various U.S. water agencies over nine years and will reduce the risk of shortages for all of the Southwest by storing some of its water in Lake Mead near Las Vegas.
“This agreement puts us on a path of cooperation rather than conflict as we work with Mexico to address the Colorado River Basin’s many challenges,” U.S. Commissioner Edward Drusina said in a statement.
After the deal’s signing, he added that it’s “not necessarily the complete fix,” given the region’s long-term drought, but is a “monumental achievement in collaboration.”
Water certainty during drought
The deal “provides certainty for water operations in both countries,” Mexican Commissioner Roberto Salmon said, and allows Mexico to better plan its water use.
A 2007 rule adopted by the states allows the federal government to restrict some of Arizona’s water whenever Lake Mead’s elevation drops below 1,075 feet above sea level to start a year.
That reservoir had threatened to drop that low before a healthy snowfall in the Rocky Mountains last winter raised levels, but officials project there’s still about a 1-in-3 chance it could happen by 2019.
Here’s the release from the Metropolitan Water District of Southern California (Bob Muir/Armando Acuña):
METROPOLITAN GENERAL MANAGER’S STATEMENT REGARDING BINATIONAL AGREEMENT ON COLORADO RIVER DELIVERIES, STORAGE
Jeffrey Kightlinger, general manager of the Metropolitan Water District of Southern California, issued the following statement regarding the conclusion of Minute 323, the new binational water agreement between the United States and Mexico addressing Mexico’s Colorado River deliveries and storage through 2026:
“Today’s milestone continues the spirit of cooperation and collaboration forged among users of the Colorado River in both the United States and Mexico. This agreement carries on and augments the progress made under Minute 319 and recognizes that management of the Colorado River is most effective when the two countries jointly manage the river’s available resources.
“Under the measures announced today, Metropolitan and the Imperial Irrigation District once again will join with agencies in Arizona and Nevada to provide critical funding for conservation projects in Mexico that will benefit both countries for the next decade. In exchange, the funding agencies will receive a portion of the water conserved that will be stored in Lake Mead to help meet future water supply needs, increase lake levels and help address long-term drought conditions in the Colorado River Basin.”
With an eye to long-term, binational cooperation and to managing a more stable Colorado River System, representatives of the United States, Mexico and the Colorado River Basin States of the U.S. on Wednesday celebrated the “entry into force” of an agreement deemed essential to the System’s future.
The American signing, conducted at an “entry into force” ceremony in Santa Fe, N.M., applies the final flourish to the intensely negotiated agreement known as “Minute 323.”
“The State of Arizona appreciates the efforts of the United States and Mexico to continue binational cooperation on long-term water management,” said Tom Buschatzke, Director of the Arizona Department of Water Resources.
Buschatzke participated in the Santa Fe ceremony and played a central role in the portions of the complex negotiations that were conducted among the U.S. Lower Basin participant-states.
“This agreement provides substantial benefits to Arizona, particularly regarding opportunities for augmenting existing water supplies, which is a top priority for Governor Ducey,” he said.
“In addition to the diligent efforts of the Commissioners, we’d also like to acknowledge the hard work and commitment of all the parties involved.”
The implications of the agreement for helping stabilize and augment Arizona’s water supplies are significant.
Officially, Minute 323 is the “Extension of Cooperative Measures and Adoption of a Binational Water Scarcity Contingency Plan in the Colorado River Basin.” It is an implementing agreement for the 1944 United States-Mexico Treaty on Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande.
On the U.S. side, Minute 323 was negotiated among representatives of the U.S. International Boundary and Waters Commission (IBWC), the federal Bureau of Reclamation, and the seven Colorado River Basin States, including Arizona, which was represented by Director Buschatzke.
The Minute 323 entry establishes a program of joint cooperative actions to improve Colorado River water management through 2026.
Like Minute 319, the new Minute 323 provides for the U.S. and Mexico to share proportionately in Lower Basin shortage and surplus, and allows Mexico to create water savings in the Colorado River System in the U.S.
Also like Minute 319, the updated agreement opens up opportunities for U.S. water users to fund conservation programs in Mexico, which in turn create “Intentionally Created Surplus,” or ICS, in Lake Mead, which benefits all of Lake Mead’s 35-million-plus water users in the Southwest.
The new agreement’s most important features, many of which are carried over from Minute 319, include:
Allowing Mexico to defer delivery of a portion of its Colorado River allotment in the event of potential emergencies, such as earthquakes, or as a result of water conservation projects in Mexico.
This gives Mexico greater flexibility in how it manages its Colorado River allotment while also boosting Lake Mead elevation to the benefit of all users.
Providing additional Colorado River water to Mexico during certain high elevation reservoir conditions at Lake Mead when additional water is available to users in the United States.
Establishing a Binational Water Scarcity Contingency Plan so that, should a Lower Basin Drought Contingency Plan be put into effect in the United States, Mexico will also undertake water savings in parity with U.S. savings. The Minute stipulates that the savings will be recoverable when reservoir conditions improve.
Providing for U.S. investment in water infrastructure and environmental projects in Mexico – investments that provide initial water benefits to the U.S. agencies while generating water efficiencies for Mexico in the long term.
New features that are unique to Minute 323 include the extension to 2026; creation of the Binational Water Scarcity Contingency Plan; measures addressing salinity; measures addressing daily flow variability; and, providing water for the environment and funding for environmental monitoring and habitat restoration.
Speaking on behalf of the Basin States, Director Buschatzke acknowledged the “trust and friendship we built as part of the process” during the signing ceremony in Santa Fe.
“That same spirit of cooperation and collaboration served us well in the negotiations that led to Minute 319 and now in Minute 323.”
Throughout much of the long negotiations, which straddled two U.S. presidential administrations, the Treaty’s update was known as “Minute 32x.” The execution and implementation of Minute 32x required a series of domestic agreements among the U.S., the IBWC, Reclamation, the Basin States, and U.S. water users.
Nowhere in the U.S. were those negotiations more challenging than in Arizona, which – unique among the Basin States – required Director Buschatzke to seek the approval of the Arizona Legislature before he could agree to “forbear” portions of the State’s Colorado River allotment.
The agreement allows Arizona water users to join users in California and Nevada in benefitting from the intentionally created surpluses generating from the water-savings projects the states fund in Mexico.
On March 2, 2017, Governor Ducey signed House Joint Resolution 2002, authorizing the director of Water Resources to execute the forbearance agreement on the assumption it met certain conditions and that the final form of Minute 32x – now, Minute 323 – would not harm Arizona water users.
In a letter to Arizona legislative leaders, the Director noted the establishment of a Binational Desalination Work Group, which will investigate desalination opportunities in the Sea of Cortez.
Minute 323 creates opportunities to augment Arizona water supplies, including a binational desalination plant near the Sea of Cortez.
“As you are aware,” wrote Buschatzke, “a binational desalination facility in the Sea of Cortez could be a critical component in Arizona’s long-term future water supplies.”
The following statement is from Ted Kowalski, director of the Colorado River initiative at the Walton Family Foundation, in support of the U.S.-Mexico Colorado River agreement announced today:
“This agreement is a home run for the long-term health of the Colorado River basin, the security of water for the future and the river environment in the United States and Mexico. The agreement also includes important incentives that encourage lower basin states to complete a drought contingency plan.”
The Walton Family Foundation joined several other foundations in releasing a letter today pledging support for the implementation of the agreement. Ted Kowalski:
“The philanthropic and nonprofit communities are eager to do their share to make sure the agreement is implemented and successful.”
The agreement to be signed Wednesday calls for the U.S. to invest $31.5 million in conservation improvements in Mexico’s water infrastructure to reduce losses to leaks and other problems, according to officials of U.S. water districts who have seen summaries of the agreement.
The water that the improvements save would be shared by users in both nations and by environmental restoration projects
The deal also calls on Mexico to develop specific plans for reducing consumption if the river runs too low to supply everyone’s needs, said Bill Hasencamp of the Metropolitan Water District of Southern California, which supplies water to about 19 million people in and around Los Angeles.
Major river consumers in the U.S. would be required to agree on their own shortage plan before Mexico produces one, he said.
The deal will extend a previous agreement that both countries would share the burden of water supply cutbacks if the river runs low, Hasencamp said.
The International Boundary and Water Commission, which has members from both countries and oversees U.S.-Mexico treaties on borders and rivers, declined to release a copy of the agreement before Wednesday’s signing ceremony in Santa Fe, New Mexico.
Officials with the Mexican foreign ministry said in an email Tuesday they had no immediate comment, but U.S. officials who have been briefed on the details said the deal will help both sides.
“It’s good news for both nations, for water users in the U.S. and Mexico,” said Chuck Collum of the Central Arizona Project, another Colorado River user that will help fund the infrastructure improvements in Mexico.
The agreement provides more certainty in how the two countries will deal with the risk of a shortage and recognizes the danger the river faces, he said.
“It’s an acknowledgement that the U.S. and Mexico both share risk due to a hotter and drier future,” Collum said.
Sitting in an overcrowded hotel ballroom in Santa Fe, New Mexico, late yesterday afternoon, I was privileged to see that happen. In the midst of bellicose rhetoric about border walls and NAFTA trade battles, of “rapists” and “bad hombres”, representatives of the two nations’ border and water management community signed the final paperwork for the entry into force of a sweeping new Colorado River agreement.
The deal extends the core terms of “Minute 319”, a landmark agreement between the U.S. and Mexico that enabled a rich new suite of collaborative measures to managing the shared river – Mexican storage of water in U.S. reservoirs, shared surpluses and shortages, opportunities for U.S. water agencies to collaborate with their Mexican counterparts on conservation measures and a shared effort to restore water to the Colorado River Delta environment.
Two years of work by Obama administration folks and their Mexican counterparts had led to an near-agreement they came to call “Minute 32x” because of the quirks of the numbering system, but it didn’t quite get over the finish line before the change of administrations.
Yesterday, despite the fears of many (including myself), we saw the agreement survive, as Petersen-Perlman put it, “conflict … being waged over other issues.” Here was the Trump administration’s new Deputy Secretary of the Interior David Bernhardt, standing at the podium before an international audience praising his predecessor, Obama administration Deputy Interior Secretary Mike Connor, who stood quietly leaning against the back wall.
Connor and Estevan López, his Commissioner of Reclamation during the final years of the Obama administration, stood together. They two of them had led a determined push in the months after the election to try to get the deal done before the new administration took office, amid fears that a souring U.S.-Mexico relationship might make a Colorado River agreement impossible.
Mexican and American officials are finalizing a water-sharing deal for the Colorado River, and a newly released summary of the accord’s key points shows negotiators have agreed on a cooperative approach geared toward boosting reservoir levels and trying to stave off a severe shortage.
The document, which federal officials have circulated among water agencies, outlines a series of joint measures that build on the current 5-year agreement, which expires at the end of this year.
The new accord – titled Minute No. 323 to the 1944 Mexican Water Treaty – is expected to be signed sometime this fall, perhaps as early as September, and would remain in effect through 2026.
It would extend provisions in the current agreement, known as Minute 319, that specify reductions in water deliveries during a shortage, as well as increases in water deliveries during wet periods. The agreement also provides for Mexico to continue storing water in Lake Mead, near Las Vegas, helping to boost the reservoir’s levels, which in the past few years have dropped to historic lows.
The accord would also establish a “Binational Water Scarcity Contingency Plan,” in which Mexico would join U.S. states in temporarily taking less water out of Lake Mead to reduce the risks of the reservoir reaching critical levels.
Those commitments by Mexico would only take effect if California, Arizona and Nevada finish their own Drought Contingency Plan, under which the states would forgo larger amounts of water than they’ve previously agreed to as the reservoir’s level declines.
“The Mexicans have demonstrated their interest in pursuing this, and it’s a clear benefit to the river to have more storage in Lake Mead,” said Bart Fisher, chairman of the Colorado River Board of California. He said the agreement would benefit water suppliers in California, Arizona and Nevada by giving them “certainty in case of shortage that Mexico will also share in the shortage.”
“All of those things put together, it’s a big win-win for both countries,” Fisher said…
Talks on the U.S.-Mexico agreement began during President Barack Obama’s administration and have continued with negotiating sessions held on both sides of the border by the International Boundary and Water Commission, which includes representatives of both governments. Representatives of U.S. states have also participated in the talks.
Even as political tensions have grown over Trump’s immigration policies and his vows to have Mexico foot the bill for a border wall, the Colorado River negotiations seem to have moved ahead relatively smoothly – pressed on by the approaching expiration of Minute 319.
“We largely concluded the framework for these negotiations a year ago,” Fisher said, “and the only fine-tuning has been the drought contingency portion, and cleaning up a little bit of inconsistent language.”
The agreement itself has not yet been publicly released. The summary provided by the U.S. Bureau of Reclamation was presented Wednesday at a board meeting of the Imperial Irrigation District, which holds the biggest single entitlement to water from the river.
In a memo, IID officials said in order to implement the U.S. commitments under the deal, several agreements must first be completed between the states, water agencies and the Interior Department.
Those agreements include a U.S.-funded program to invest $31.5 million in water conservation projects in Mexico, including infrastructure upgrades such as concrete lining for leaky canals and other improvements to reduce water losses from distribution systems.
The federal government will provide $16.5 million, while the remaining $15 million will come from four water agencies, including IID, the Metropolitan Water District of Southern California, the Southern Nevada Water Authority and the Central Arizona Water Conservation District.
Each of the water agencies will contribute a fourth of the funding. In return, they will receive a portion of the water freed up through conservation in Mexico.
The conservation projects are intended to generate a total of 229,000 acre-feet of water – enough to cover an area two-thirds the size of Los Angeles with a foot of water. Of that, 50,000 acre-feet will be used to give a boost to the Colorado River system and 70,000 acre-feet will be used to “satisfy the U.S. commitment to provide water for the environment.”
The accord lays out a cooperative strategy for Mexico and the U.S. states to jointly put the brakes on water use to reduce the risks of a crash in the system if the drought persists.
As of this week, Lake Mead stands at just 38 percent full, with its level at an elevation of nearly 1,080 feet, not far above the initial shortage threshold of 1,075 feet…
In April, the Bureau of Reclamation estimated the odds of Lake Mead hitting shortage levels in 2019 at 31 percent. A previous projection had put the odds at 50-50 before the winter brought a substantial snowpack, which was measured at 113 percent of average across the Colorado River basin.
The government’s summary of Minute 323 says the United States and Mexico “share a common vision on a clear need for continued and additional actions to reduce the risk of reaching critical reservoir elevations at Lake Mead.”
The document details how continued declines at the reservoir would trigger a rising scale of cutbacks in water deliveries, with Mexico contributing alongside the states – as long as the states have a similar plan in place.
By developing this type of plan to reduce water use effectively, the aim is to reduce risks of severe shortages threatening water deliveries and the generation of hydroelectricity, said Jennifer Pitt, who leads the National Audubon Society’s Colorado River project.
“It’s avoiding the shocks of sudden disruptions in water supply that is most important,” Pitt said. “But with these agreements, where the states and countries … commit together to a planned decrease in water use, I think the prospects for sustainable management increase greatly, and likely without severe economic impacts.”
The U.S.-Mexico deal includes a list of other measures, including establishing several joint working groups to focus on issues such managing the river’s salinity and optimizing flows to benefit the environment.
One of the groups, according to the government’s outline, will focus on studying the potential for desalinating seawater from the Sea of Cortez…
Under Minute 319, which was signed in 2012, the U.S. and Mexico agreed to an experiment: a one-time release of water into the parched delta that would resemble a natural flood.
That “pulse flow,” which gushed into the delta for eight weeks in 2014, temporarily reconnected the river with the Gulf of California, bringing a bloom of cottonwoods and willows along its path and attracting birds.
In Minute 323, there is no mention of plans for another “pulse flow.” This time, the focus is instead on securing a more steady flow of water to sustain wetlands south of the border. Goals include expanding restored habitat areas from about 1,000 acres to 4,300 acres.
Under the agreement, Mexico, the U.S., and nongovernmental organizations will team up to secure water for environmental purposes, plus $18 million for habitat restoration and monitoring.
“It seems like everybody’s in agreement on how to address these challenging issues,” said Tina Shields, IID’s water manager, who presented an overview of Minute 323 to the district’s board.
Under a 1944 treaty, the US shares water rights to three rivers that cross the US-Mexico border — the Tijuana and Colorado Rivers, and the Rio Grande. Historically, water-sharing on these rivers involves complex, often difficult, discussions. Today, drought conditions in the American West and growing political tensions with Mexico give those talks a new sense of urgency — and uncertainty.
Among the many diplomatic challenges the United States faces with its southern neighbor are international water rights on the Colorado River — a river system in the midst of a lengthy, 16-year drought. The 1944 treaty guarantees Mexico 1.5 million square acres of water from the Colorado River annually. However, it is vague on how that water is to be shared during years when the river comes up short. Minute 319, a 2012 amendment to the treaty, established, among important water conservation policies, a drought contingency plan. That five-year pilot program is set to expire at the end of this year.
Despite the Obama administration’s efforts to get a new water-sharing deal, known as Minute 32x, signed before January’s inauguration, it remains stalled. Anne Castle, former Assistant Secretary for Water and Science in the Department of the Interior, told WhoWhatWhy that this issue needs immediate action.
Water levels in the Colorado River have been in steady decline for nearly two decades. Ongoing drought conditions place considerable stress on the system and the reservoirs it serves throughout the Colorado River Basin. Among them, Lake Mead — America’s largest reservoir — today sits at historically low levels; about 41% capacity. According to Castle, there is a “substantial probability” — approximately a one in three chance — that levels at Mead will fall below the established “drought trigger point” — 1,075 feet — requiring the Secretary of the Interior to declare a water shortage. “This river,” says Castle, “is in crisis.”
Commonly called “America’s Nile,” the Colorado River is the most heavily litigated and managed river in the United States. On its 1,045 mile journey south from the Rocky Mountains in Colorado to the Gulf of California in Mexico, coursing through seven US and two Mexican states, the Colorado River serves 40 million people, supports major metropolises like San Diego, Las Vegas and Phoenix, and provides 75% of the water used in local agricultural districts.
What is left of the river by the time it reaches Morelos Dam on the US-Mexico border, the last dam in the system, is diverted to irrigate fields in the Mexican state of Mexicali. A 2015 New Yorker article compared the carefully controlled system, of which every drop is claimed, to a “fourteen-hundred-mile-long canal.” That major waterway, say experts, is currently over-allocated and slowly diminishing.
The Colorado River, which cuts through nine national parks including the Grand Canyon, is integral to what John Fleck, director of the University of New Mexico’s Water Resources Programs, calls the southwestern identity. He points out that border communities, such as San Luis Rio Colorado, have seen little of their namesake’s waters for nearly half a century.
“Imagine,” he told WhoWhatWhy, “living by a river taken away from you.” Decades of overuse, he said, turned the Colorado River Delta — once described by naturalists as a lush wetland — into the “dry channel” we find today.
Fleck cites a recent study by Brad Udall and Jonathan Overpeck that fingered climate change “as one of the main causes” of the Colorado River’s diminished flow. While the greater River system will not dry up, like its delta, anytime soon, it will, continue to experience critical decreases in water flow.
In March of 2014, a landmark environmental project laid the groundwork for restoring life to the Colorado’s barren delta. As part of a technique designed to mimic seasonal snowmelt, known as “pulse flow,” the gates of Morelos Dam were opened. Eight weeks of increased flows followed. The people of San Luis Rio Colorado celebrated the temporary return of their town’s namesake with live music and water games. Secretary Castle remembers the response as “amazingly affecting.”
The project was made possible in the midst of a drought by the cooperative policies outlined in Minute 319. The amendment not only works to promote the ecological health of the Colorado River Delta, it also contains a plan for shortage sharing, commits funds to improve water infrastructure and allows Mexico to store its allotted water in Lake Mead.
The greatest asset the US has for managing the effects of climate change on the River, according to Thomas Buschatzke, Arizona’s Director of Water Resources, is its relationship with Mexico.
“I can’t say enough how important it is to have Mexico as a partner,” he told WhoWhatWhy. “The more partners you have the more opportunities you have to develop effective tools.”
Allowing Mexico to store its water in Lake Mead helps keep water levels high enough to offset the drought trigger point. Additionally, in the event of a drought, both Mexico and the US must take the same proportion of shortages — meaning the burden of shortages is decreased by the number of stakeholders shouldering it. The agreement has thus far effectively staved off cutbacks and is enormously popular among Basin states. Minute 319, along with other water agreements signed over the past 10 years, says Buschatzke, represent a “relatively new relationship” with Mexico — one defined by a high degree of cross-border cooperation.
Current diplomatic policy and recent political rhetoric under the Trump administration, however, has already strained US-Mexico relations. The water-sharing agreement should be allowed to stand on its own, says Secretary Castle, but she fears it has the potential to become a “negotiating point” amidst “unrelated disputes” over issues such as NAFTA, the wall, and immigration.
Foreign Affairs Officer Sally Spener at the International Boundary and Water Commission, which oversees negotiations concerning the 1944 treaty, told WhoWhatWhy her agency’s work “seeks to find technical rather than political solutions,” to water disputes between the US and Mexico. Keeping politics out of a River that is a “vital” municipal and industrial resource, “affecting tens of millions of people in both countries,” is important to maintaining a constructive relationship.
Although, according to Fleck, there should be no partisan frame to this issue, this could be “one of a number of examples throughout history…where an agreement over a river was influenced by a broader relationship between two countries.” While water infrastructure development during the Second World War made cooperation between Mexico and the US mutually beneficial under the 1944 treaty, world events in 2017 may prove to negatively influence cooperative amendments to that original pact.
Fleck says he, and other water experts, were surprised by the outcome of the 2016 election and had expected to work with an administration that was “more sympathetic” to the water-sharing deal signed under Obama’s presidency. It’s furthermore possible, adds Secretary Castle, spending could be tight in terms of federal dollars going toward water conservation projects.
With a number of important deadlines coming up, Castle and a team of researchers published the Colorado River Future Project last fall. The study interviewed more than 65 Colorado River management experts on the present crisis and outlined suggestions for immediate policy action. That research was then disseminated to the Trump transition team in an effort to “accelerate the learning curve” that any turnover in the White House typically necessitates. The Trump administration, says Castle, is “fully cognizant of the importance and urgency” of the deal with Mexico.
Castle says she’s confident that Interior Secretary Zinke “is a thoughtful, considered person who will be listening hard to his advisors and the various stakeholders in this potential agreement.”
But vacancies in key Interior leadership positions continue to stall Minute 32x’s progress. “The really important positions at Interior are the Assistant Secretary for Water and Science, and the Commissioner of Reclamation, and those jobs haven’t been filled yet,” says Fleck.
Meanwhile, new appointments in Mexico — including Foreign Minister Luis Videgaray and Mexican ambassador to the US Gerónimo Gutiérrez — also need to be brought up to speed on pending negotiations.
In the event that Minute 32x does not pass by December 31, 2017, Lower Colorado Regional Director, Jennifer McCloskey said, “Our expectation is to continue to work.” Neither McCloskey or Buschatzke wanted to speculate on the potential consequences of unsuccessful water talks.
Castle, however, says Mexico is unlikely to go along with drought reductions if there is no deal in place that enforces a drought contingency plan. More crucially, she says, we may “go back to a situation where we don’t know what the treaty means anymore.”
For his part, Buschatzke is “cautiously optimistic” Minute 32x will pass. During negotiations his department often calls upon this axiom: “No one state, no one entity, no one water user.”