In the long-dry Colorado River Delta in Mexico, environmental groups are using small amounts of water to restore wetlands and forests one area at a time
The Colorado River once flowed with so much water that steamboats sailed on its wide, meandering stretches near the U.S.-Mexico border. When the environmentalist Aldo Leopold paddled the river’s delta in Mexico nearly a century ago, he was filled with awe at the sight of “a hundred green lagoons.”
Now, what’s left of the river crosses the border and pushes up against the gates of Morelos Dam. Nearly all the remaining water is shunted aside into Mexico’s Reforma Canal, which runs toward fields of cotton, wheat, hay and vegetables in the Mexicali Valley.
Downstream from the dam sits a rectangular lagoon that resembles a pond in a city park. Swallows swarm over the water, diving and skimming across its glassy surface. From here, a narrow stream the width of a one-lane road continues into a thicket, flanked by tall grasses.
About a dozen miles farther south, the Colorado River disappears in the desert. Beside fields of alfalfa and green onions, the dry riverbed spreads out in a dusty plain where only gray desert shrubs survive…
[Jennifer] Pitt is director of the National Audubon Society’s Colorado River program. She visited the delta with Gaby Caloca of the Mexican environmental group Pronatura Noroeste. The two co-chair a cross-border environmental work group that includes government officials and experts from both countries, and they’re working together on plans to restore wetlands in parts of the Colorado River Delta.
These efforts to resurrect pieces of the delta’s desiccated ecosystems face major challenges, including limited funds, scarce water supplies, and the hotter, drier conditions brought on by climate change.
But in the past decade, environmental groups have had success bringing back patches of life in parts of the river delta. In these green islands surrounded by the desert, water delivered by canals and pumps is helping to nourish wetlands and forests. Cottonwoods and willows have been growing rapidly. Birds have been coming back and are singing in the trees.
Pitt, Caloca and other environmentalists say they’ve found that even though there isn’t nearly enough water available to restore a flowing river from the border to the sea, these modest projects planting trees and creating wetlands are showing promise. Even relatively small amounts of water are helping breathe life into parts of the delta.
And during the next several years, more water is set to flow to the restoration sites under a 2017 agreement between Mexico and the U.S…
In the spring of 2014, a surge of water poured through the gates of Morelos Dam on the border. That “pulse flow” of 105,000 acre-feet of water brought back a flowing river in areas that had been dry since floods in the late 1990s.
Crowds of jubilant revelers gathered by the resurrected river. They dipped their feet into the water and waded in.
Some danced on the banks and drank beer. Others tossed nets into the water and pulled out flapping fish…
…the pulse flow gave Mexican and U.S. officials a visual demonstration of the potential of restoration efforts — an example that nudged them toward budgeting water for the environment as they negotiated a new Colorado River agreement.
“I think having that river flowing piqued people’s interest,” Pitt said. “It opened people’s imagination to the idea. It gave them a vision of the Colorado River here that has energized these restoration efforts.”
When representatives of the governments signed the next deal in 2017, it cleared the way for smaller but substantial flows to expand several habitat restoration sites.
The agreement, called Minute 323, acknowledged that the work group led by representatives from both countries had recommended goals including expanding the habitat areas from 1,076 acres to 4,300 acres, and setting aside an annual average of $40 million and 45,000 acre-feet of water for environmental restoration in the delta…
The deal included pledges for about half that much water, a total of 210,000 acre-feet through 2026 — enough water that if spread across Phoenix would cover two-thirds of the city a foot deep. This water — averaging 23,000 acre-feet a year — represents a small fraction of the 1.5 million acre-feet that Mexico is entitled to each year under a 1944 treaty, and an even smaller fraction of the larger allotments that California and Arizona take from the river upstream.
Mexico and the U.S. each agreed to provide a third of the water, while a coalition of environmental nonprofits pledged to secure the remainder. Each government agreed to contribute $9 million for restoration projects and $9 million for research and monitoring work.
So far, environmental groups have been buying water in Mexico through a trust and pumping it from agricultural canals into three restoration areas. More water is scheduled to be delivered by the two governments over the next several years, including water the U.S. plans to obtain by paying for conservation projects in Mexico.
When the infusion comes, the wetlands and newly planted forests will get a bigger drink.
“We are scaling up,” Pitt said from the backseat, while Caloca drove through farmlands toward one of the restoration sites.
Here’s a report from Andrew Davey writing for Nevada Today. Click through and read the whole article, here’s an excerpt:
Around this time last year, Commissioner Brenda Burman delivered this ultimatum to CRWUA attendees: “Close isn’t done, and we are not done. Only done will protect this basin.” This year, as in just yesterday, Burman said, “It was truly remarkable to have the divergent interests of the basin forge a compromise and make the difficult agreements to complete the DCP.”
And unlike last year, when Burman urged officials from across the Colorado River Basin to finish the DCP already, this year she urged patience on matters like renegotiating the 2007 agreement that turned Lake Mead into a sort of regional water bank. On that, Burman declared, “It’s not yet time to take up that task.”
Yet despite Burman’s more relaxed approach, some at CRWUA want to see more “fierce urgency of now”. While the DCP successfully fended off the threat of federal water rations, and while Upper Colorado River Basin snowpack is currently running 15% above average, ongoing legal concerns and the ever escalating threat of climate change may yet upend the delicate peace that the DCP has ushered in for now…
While Burman voiced confidence in the states’, municipal water agencies’, and Native American tribal authorities’ ability to cooperate, some of these very local officials were voicing notes of warning and caution. Shortly after Burman’s presentation on the main stage, Southern Nevada Water Authority (SNWA) Director of Water Resources Colby Pellegrino noted their use of data from the U.S. Geological Survey and UNLV’s Center for Business and Economic Research (CBER) showing less Colorado River water for everyone to work with in the next 50 years.
As Pellegrino described this challenge, “It’s a pretty severe stress test for our water resource portfolio.” Pellegrino then noted how SNWA and the larger community have already been rising to this challenge with conservation programs like outdoor watering schedules and turf removal. As Pellegrino put it, “There’s significant water savings to be achieved by changing the mindset of how we use it.”
Later in the day, I caught up with Pellegrino to talk some more about her presentation and the challenges that lie ahead for her agency and the entire region. When asked how SNWA plans to handle those future challenges, she replied, “Conservation is still right here, under our noses, the quickest and most cost effective way.”
[Friday], it was Interior Secretary David Bernhardt’s turn to make news here in Nevada. And make news he did, as Bernhardt announced the federal government will launch an early start of its review of the 2007 Interim Guidelines (as in, the 2007 agreement that launched the ICS program to manage the Lower Basin’s water supply).
Soon after his main floor presentation, Bernhardt spoke with reporters about this and other pressing water issues. On his announcement to jump-start review of the Interim Guidelines, Bernhardt said, “We have an opportunity right now. We have the people in place. We might as well build on the success we have here.”
So what can we expect in this review? And for that matter, what kinds of future changes might we expect in federal oversight of the Colorado River? When I asked Bernhardt whether he’d take into account climate science and the changing needs and consumption patterns of the increasingly urban American Southwest, he replied, “I’ve never taken a position of what we need to tell a city or county what they need to do.”
Yet as Bernhardt’s discussion with reporters continued, the conversation occasionally veered into other environmental matters. And when a couple reporters asked about the proposed oil and gas leases on public lands that have run into local opposition, including right here in Nevada, in the Ruby Mountains outside Elko and in parts of Lincoln County that supply drinking water for Mesquite, Bernhardt declared, “The president was clear when he ran for office what his policy is on energy. He supports an ‘all of the above’ approach.” Bernhardt also suggested these leases are required by federal statute, even though the Obama administration took a more cautious and targeted approach toward such fossil fuel extraction on public lands…
Funny enough, one of my takeaways from my conversation with SNWA’s Colby Pellegrino on Thursday was that regardless of what becomes of the long-fought pipeline plan, SNWA has enough water available to keep the Las Vegas region going for the next 50 years. Also, I noticed that regardless of the Trump administration’s curious comments on climate change and “all of the above” approaches to water infrastructure and fossil fuels, SNWA officials recognize the clear and present danger of climate change, and they’re already acting on it.
And it may not just be SNWA doing this. Even as Trump appointees are skirting around acknowledgement of climate science, fossil fuel pollution, ongoing regional tensions, or the reality of urban and suburban growth in the Colorado River Basin, federal civil servants continue to collect data, analyze trends, and manage the water we all share. We’ll talk more about that next week.
Still, there’s a rather large gap between the rhetoric and overarching policies of the Trump administration and the promises of strong climate action that U.S. Senators Elizabeth Warren (D-Massachusetts) and Bernie Sanders (I-Vermont), former Vice President Joe Biden, and the other 2020 Democratic presidential candidates are providing. And yet, we don’t hear as much about the Colorado River and our fragile water supply as you’d expect considering their environmental and geopolitical importance. Yet no matter how much we ignore it, all we have to do is glimpse at Lake Mead to remember how important it truly is to our very livelihood.
U.S. Bureau of Reclamation Commissioner Brenda Burman told federal, state and local water managers that abiding by the promises they made will be crucial to ensuring that more painful cuts aren’t required…
“We need to be proud of what we’ve done,” Burman told hundreds at the annual Colorado River Water Users Association conference at a Las Vegas Strip resort, while also warning of “tougher challenges in the future.”
Arizona, Nevada and Mexico will start taking less water from the river Jan. 1 under a drought contingency agreement signed in May. It followed lengthy negotiations and multiple warnings from Burman that if the seven states didn’t reach a deal, the federal government, which controls the levers on the river, could impose severe water restrictions.
California would voluntarily cut water deliveries if reservoir levels keep falling at the river’s largest reservoir, Lake Mead…
Cuts will most affect farmers in Arizona. The Central Arizona Project will stop storage and replenishment operations and cut water for agricultural use by about 15%. The agency gets more than half of Arizona’s entitlement of water from the Colorado River…
The drought contingency plan is a voluntary agreement to use less water than users are allowed, and its success is measured at the surface level of Lake Mead, behind Hoover Dam east of Las Vegas.
The agreements are designed to prevent a more drastic drought-shortage declaration under a 2007 pact that would cut 11.4 percent of Arizona’s usual river water allocation and reduce Nevada’s share by 4.3 percent. That amount of water, combined, would serve more than 625,000 homes.
California would reduce its Colorado River use by about 6 percent.
Due to a relatively wet winter, Lake Mead is now 40% full and Lake Powell, an upstream reservoir, is at 53% capacity, Bureau of Reclamation spokeswoman Patricia Aaron said. A year ago, Lake Powell was 43% full, and Lake Mead was at 38%…
Water managers have called the last 20 dry years a drought, but climate researchers warn the river will continue to carry less water in coming years.
“Respected climate scientists have conservatively estimated declines in river flows of 20% by the middle of the 21st century and 35% by the end of the century,” researchers Anne Castle of the University of Colorado Law School and John Fleck of the University of New Mexico wrote in a study released in November.
The report refers to a “structural deficit” under which states and Mexico are promised more water than the river usually carries and encourages the seven states to clarify rules for handling future shortages.
I finished Eric Kuhn and John Fleck’s new book in the hotel last night on my way to Las Vegas for the Colorado River Water Users Association Annual Conference.
It’s a page-turner that charts the history of the “Law of the River” and how politics and enthusiastic engineers that loved the big projects mostly trumped science in the debate and decisions since the Colorado River Compact negotiations. That trumping set the stage for we users of the Colorado River going forward. The book has praise for current decision makers and the deliberate effort to listen to the scientists regarding the hydrology of the river and the acidification in the basin due to the climate crisis.
Click here to order your copy of “Science be Dammed”.
…the river is dammed [by Mexico’s Morelos Dam] at the US-Mexico border, and on the other side the river channel is empty. Locals are now battling to bring it back to life.
There are few more striking examples of what has come to be known as “environmental injustice” – the inequitable access to clean land, air and water, and disproportionate exposure to hazards and climate disasters. Water in particular has emerged as a flash point as global heating renders vast swaths of the planet ever drier…
Currently the river flow in Mexico is 0.5 cubic metres per second, a fraction of what it once was. Another pulse flow to help restore the river’s estuary and wetlands could happen in 2021/22…
Because the 1944 treaty did not allocate Mexico any water for the river itself, the channel is mostly dry. The loss of the river in Mexico has has been devastating…
At the Morelos dam, located between Los Algodones, Baja California and Yuma, Arizona, the river is diverted to a complex system of irrigation canals which nourish fields of cotton, wheat, alfalfa, asparagus, watermelons and date palms in the vast surrounding desert valley. This is good for farmers – and less so for ordinary Mexicans.
Following the dry riverbed south towards the Gulf of California evokes an eerie sadness. The sound of gunfire in one wide, dusty section led to a couple from San Diego hunting wild pigeons, and a bucketful of feathered corpses. A few miles west along dirt farm roads, dozens of herons, egrets and ducks were staking out a wonderfully lush wetland – though it is only an accidental byproduct created by agricultural runoff from surrounding wheat and alfalfa fields.
Here’s the release from the Metropolitan Water District of Southern California (Rebecca Kimitch/Maritza Fairfield):
Jeffrey Kightlinger, general manager of the Metropolitan Water District of Southern California, issues the following statement on the Bureau of Reclamation’s latest 24-month study on Colorado River system reservoir conditions:
“We’re certainly grateful that nature provided some relief to the critical conditions in the Colorado River Basin. But the Southwest wouldn’t be in this encouraging position without also the successful collaboration of the Colorado River Basin states to develop the Drought Contingency Plan. The DCP wasn’t just about sharing the pain of potential water cutbacks; one of its primary benefits was to incentivize storage in Lake Mead. It creates new storage opportunities for California, Arizona and Nevada and increases the flexibility to access stored water.
“Today is evidence the DCP is working as we hoped. By the end of the year, the Lower Basin states and Mexico together anticipate storing an additional 700,000 acre-feet of conserved water in Lake Mead in 2019 – a record amount that will boost the lake’s elevation by nearly
9 feet. Metropolitan alone will store 400,000 acre-feet this year, bringing our total stored in the lake to nearly 1 million acre-feet, another record.
“While all that storage helps keep Lake Mead out of shortage, it also helps prepare Southern California for our state’s next drought. Being able to store water when it is available for use in times when it is not is the key to ensuring the region has reliable water in the future. We got some reprieve from drought conditions on the Colorado River this year, but Lake Mead is still less than half full. And climate change is likely to lead to drier conditions in our future. As we begin work to resolve the water supply imbalance on the river, we’re pleased the DCP helped address the immediate concerns.”
For the first time in history, low water levels on the Colorado River have forced Arizona, Nevada, and Mexico to cut back the amount of water they use. It’s the latest example of climate change affecting daily life, but also an encouraging sign that people can handle a world with less: These orderly cutbacks are only happening because seven U.S. states and Mexico had agreed to abide by conservation rules when flows subside, rather than fight for the last drops.
“It is a new era of limits,” said Kevin Moran, who directs the Environmental Defense Fund’s Colorado River efforts…
A Bureau of Reclamation study of Colorado River levels, released Thursday, triggered the cutbacks. The Rocky Mountains finally turned white with heavy snow last winter, but despite a galloping spring runoff, drought persists and bathtub-ringed reservoirs in the Grand Canyon are low. In its study, the Bureau highlighted the unique circumstances: “This 20-year period is also one of the driest in the 1,200-year paleo record.”
Rising temperatures brought on by rising carbon emissions are partly to blame. “Approximately one‐third of the [Colorado River] flow loss is due to high temperatures now common in the basin, a result of human caused climate change,” wrote scientists Brad Udall and Jonathan Overpeck in a study published in 2017 that anticipated water will only become scarcer in the future.
But these water-use reductions are also an example of people binding themselves to rules to deal with scarce resources, rather than going to court, or war. The cutbacks come from an agreement hammered out by the Southwestern states and Mexico to impose limits on themselves.
“It’s not necessarily well known or talked about, but this collaboration between the states and Mexico is one of the most successful cross-border water management stories in the world,” Moran said.
From the Associated Press (Felicia Fonseca) via The Las Vegas Sun:
Arizona and Nevada are faced with the first-ever cuts to their Colorado River water supply in 2020.
But the cuts aren’t expected to be overly burdensome for either state because they’ve been conserving and storing water for years…
Arizona will leave 7% of its allocation in Lake Mead under a drought plan approved earlier this year by several states that rely on the river. Nevada will leave 3%.
Mexico also gives up 3% under a separate accord.
The states and Mexico can recover the water if Lake Mead rises to a certain level.
The decision to implement those cuts came on Thursday after federal water managers released a study that serves as a key benchmark for Southwest states. That forecast predicted that Lake Mead would start 2020 at 1089.4 feet above sea level, below the 1090-foot trigger for the cuts.
By forgoing water in dry years, the states store more water in Lake Mead, a reservoir that has decreased over the past two decades because of overuse, drought and climate change. If the reservoir drops further, states would be required to take more cuts to their allotment. When reservoir levels rise, the states are allowed to access the stored water for future use.
In practice, the cuts will have no effect on Nevada’s short-term water security or water management. The Southern Nevada Water Authority is expected to voluntarily conserve about nine times more water this year than the required cuts under the drought plan in 2020. Since 2003, Nevada has used less water than what the state is allowed to take under the river’s interstate compact.
In 2017, the state used about 80 percent of its allotment, largely in part because of indoor water recycling and conservation programs that incentivize removing grass. This year the water authority is on track to use even less. That means Nevada is likely to leave substantially more water in the reservoir this year — as much as 75,000 acre-feet — than what is required by the cuts — about 8,000 acre-feet — next year. (An acre-foot is an agricultural term for the amount of water that can fill an acre to a depth of one foot. Nevada’s allocation is 300,000 acre-feet).
Bronson Mack, a water authority spokesman, said that the agency has cut its Colorado River water use by 25 percent since 2002, even as Las Vegas’ population has grown by 40 percent…
But the cuts are still significant, said John Fleck, a University of New Mexico professor who has a forthcoming book, “Science Be Dammed,” that looks at the history, politics and hydrology of the river. They mark the first time the states have been required to use less than their allocation…
It is also a recognition of a future where there is expected to be less — not more — water to go around. Even though above-average levels of snow fell across much of the West this year, the long-term trend in the Colorado River is toward declining streamflow. Research has found that high temperatures have made runoff less efficient. Scientists say that climate change could further reduce the river’s flow and make managing it more difficult, even as demands grow.
Heavy precipitation made a difference this year. When the U.S. Bureau of Reclamation released its 2019 forecast last year, the study predicted an official shortage in 2020. Water users avoided that declaration, although the federal water agency warned that they are not out of the clear.
“This is a big deal for everybody on the Colorado River system,” said Jim Pokrandt, the head of community affairs for the Glenwood Springs-based Colorado River Water District.
The study won’t have much of an impact on Colorado, where the Upper Basin Drought Contingency Plan has water users hammering out the details of “demand management.” Those details include asking for temporary, voluntary and compensated curtailment of water rights to build a bank of Colorado water in Lake Powell before mandatory cuts are imposed by the federal government.
Pokrandt said the dawning of mandatory cuts in the Lower Basin increases the urgency of demand-management talks in Colorado. Without a demand-management plan encouraging water users to volunteer their water rights in Colorado, the state could see mandatory cuts, where “nobody gets paid,” he said.
“The news from the Lower Basin is a reminder that 2019’s snowpack cannot give us a false sense of security,” Pokrandt said, recalling that Colorado’s super-snowy 2011 was followed by an exceptionally dry 2012. “This is a reminder of the importance of what the Upper Basin states have to do for their own Drought Contingency Plan.”
hat’s called demand management. Across Colorado, water districts and water users are studying whether demand management will work.
“Nobody knows if it will be feasible,” said Pokrandt, whose 15-county district spans the Western Slope, noting that the Colorado Water Conservation Board just launched its Demand Management Workshop to educate the state’s water users on the idea of temporarily suspending water rights for cash in order to build a bank of Colorado water in Lake Powell. “Determining feasibility will be a long process.”
Lake Powell will enter 2020 in the “Intentionally Created Surplus Condition,” which allows for the release of the usual 8.23 million acre-feet of water in 2020 to fill Lake Mead. It also means the Upper Basin states will increase their own banked storage in the reservoir, enabling them to better weather low-snow years with a protected cache of extra water.
Total storage in both reservoirs is 55% of capacity, compared with 49% at this time last year.
Here’s the release from the International Boundary and Water Commission United States and Mexico United States Section (Lori Kuczmanski):
On July 11 in San Diego, California, the International Boundary and Water Commission, United States and Mexico, signed a report with the implementing details of the Colorado River Binational Water Scarcity Contingency Plan. The agreement describes the actions the United States and Mexico will take to help protect the elevation of Lake Mead, an important Colorado River reservoir for both countries. In September 2017, the two countries agreed to the general terms of the Binational Water Scarcity Contingency Plan when the Commission signed Minute No. 323, “Extension of Cooperative Measures and Adoption of a Binational Water Scarcity Contingency Plan in the Colorado River Basin.” The latest report provides additional detail to ensure parity in how the plan will be implemented in both nations. The terms are based on the U.S. Lower Basin Drought Contingency Plan.
The “Joint Report of the Principal Engineers with the Implementing Details of the Binational Water Scarcity Contingency Plan in the Colorado River Basin,” signed by U.S. Principal Engineer Daniel Avila and Mexican Principal Engineer Luis Antonio Rascon Mendoza, was immediately approved by the Commissioners.
“With this agreement, the Commission is once again taking important action to further U.S.-Mexico cooperation to protect our nations’ shared water resources for years to come,” said U.S. Commissioner Jayne Harkins.
In accordance with Minute 323 and the Joint Report, the United States and Mexico will conserve water during drought conditions with the understanding they could get the water back when reservoirs recover. The volumes saved under the Binational Water Scarcity Contingency Plan are in addition to reductions that would take effect in both countries when Lake Mead is projected to drop to elevation 1075 feet or below, as described in Minute 323.
From the Water Education Foundation (Gary Pitzer):
Western Water Q&A: Jayne Harkins’ duties include collaboration with Mexico on Colorado River supply, water quality issues
For the bulk of her career, Jayne Harkins has devoted her energy to issues associated with the management of the Colorado River, both with the U.S. Bureau of Reclamation and with the Colorado River Commission of Nevada.
Now her career is taking a different direction. Harkins, 58, was appointed by President Trump last August to take the helm of the United States section of the U.S.-Mexico agency that oversees myriad water matters between the two countries as they seek to sustainably manage the supply and water quality of the Colorado River, including its once-thriving Delta in Mexico, and other rivers the two countries share. She is the first woman to be named the U.S. Commissioner of the International Boundary and Water Commission for either the United States or Mexico in the commission’s 129-year history.
The IBWC, whose jurisdiction covers the 1,954 miles of border from San Diego to the Gulf of Mexico, is responsible for applying the boundary and
he United States and Mexico, and settling differences that may arise in their application.
The IBWC is recognizable to many people as the implementing body for the additions to the 1944 U.S.-Mexican Water Treaty on the Colorado, Rio Grande and Tijuana rivers known as Minutes. In 2017, the latest addendum, Minute 323, built on previous agreements that specified reductions in water deliveries to Mexico off the Colorado River during a shortage and allowed Mexico to store water in Lake Mead, the nation’s largest reservoir which sits near Las Vegas.
There are other issues, as well. Transborder pollution – from the New River spilling into the Salton Sea and from the Tijuana River fouling San Diego County beaches – is on her radar. Last year, the San Diego Regional Water Quality Control Board sued the U.S. section of the IBWC, claiming it is violating the Clean Water Act by not monitoring or stopping the untreated waste flowing to the Pacific Ocean from the Tijuana River that has caused beach closures in San Diego County.
Harkins, who lives in El Paso, Texas, spoke recently to Western Water about her new mission, transborder pollution and addressing Colorado River shortages with Mexico. The transcript has been lightly edited for space.
You are the first woman to be selected as IBWC commissioner. Do you see that as a significant accomplishment?
Yeah, I do. It is [significant] but I wish it weren’t. It should have happened a long time ago from my perspective. For me, you just plow on and get work done.
What is the significance of the IBWC and how its mission affects the various stakeholders?
We started as the International Boundary Commission and, of course, that is more straightforward. They work to demarcate the boundary, [and] maintain our boundary monuments.
In 1944, of course, we got the treaty with Mexico that went beyond boundary stuff. That is what distributed waters between the United States and Mexico on the Colorado River. A part of that treaty authorized the joint construction and operation of international storage dams on the Rio Grande, and there is some discussion on a preferential solution to the issue of border sanitation problems.
I think a lot of what IBWC can do in both the U.S. and Mexico is bring all the stakeholders together into binational meetings to talk about the data we have, what are we lacking and then try to resolve issues.
What are your priorities as commissioner?
My priority is border sanitation. We have a number of areas with border sanitation issues and that’s one to try and figure out and see what we can do. Also, we have our treaty water deliveries and water quantity and quality responsibilities, depending on what the minutes require. We have those pieces that we need to make sure get done. We have got infrastructure issues on some of our dams and we just need to be operating and maintaining older infrastructure and make sure we are repairing and replacing as needed.
What is the IBWC’s role in water quality issues?
We are coordinating with others because there are some things that we can’t do that others can, and so we are trying to bring a coordinated effort among the federal U.S. entities. With Mexico, it’s what are the appropriate entities, federal and state, that they have to have. Each one of these is a local issue and we’ve got to bring in the local stakeholders because they have an interest as well. Some solutions may include infrastructure on both sides of the border. A number of studies regarding infrastructure improvements have been completed or are underway. We are working with local, state and federal agencies, as well as Mexico, to address the Tijuana River sanitation issue in a cooperative manner.
This has been ongoing for a long time. As I looked at it, I’m like, “Are things better than they were?” If you look at the data, even New River stuff [the New River flows from Mexico into California’s Imperial Valley and toward the Salton Sea], it’s much better than it was 20 years ago. If you look at the numbers overall, it’s not good enough. It’s not like the discharges meet U.S. standards and that’s what people in the U.S. are looking for. We are trying to help be a convener of folks to make sure we know what the data looks like, to make sure we know fact from fiction and bring people together who can perhaps bring some money to this and work with Mexico to see who can do what parts.
The water quality issues on the Colorado River are outlined in Minute 242 as related to salinity requirements. Minute 323 established a Salinity Work Group to minimize the impact of Minute 323 activities on salinity and to undertake cooperative actions like modernizing salinity monitoring equipment.
How is the IBWC involved with drought planning efforts?
We are not specifically engaged in the Lower Basin Drought Contingency Plan, but we are very interested in it and monitoring it and checking in with folks about what’s going on. Mexico is very interested because they have agreed to sharing shortages when the Lower Basin is in shortage. If there is a Lower Basin Drought Contingency Plan, Mexico has their Binational Water Scarcity Plan and they would take some additional reductions. So from the standpoint as to how we implement Minute 323 and what we need to do with sharing information with Mexico, that’s our part of the involvement.
The Binational Water Scarcity Contingency Plan is essentially how the DCP would be applied to Mexico.
What’s the status of Minute 323 implementation?
There are a number of conservation projects in Mexico that are wrapping up. We are involved in the verification that they got constructed. We will work with Mexico on the quantity of water that’s being conserved. As construction gets done, those projects are funded by some of the U.S. stakeholders, and we move that money over to Mexico so they can pay the contractors.
A recent report provided findings of the 2014 pulse flow of more than 100,000 acre-feet of water into the riparian corridor of the Colorado River Delta implemented under Minute 319. How will that inform future efforts?
We learned many things about water delivery methods, infiltration, irrigation techniques and groundwater – information that will guide our Minute 323 environmental work. This report provides solid scientific information about our restoration efforts. The findings will help us apply environmental water more effectively in the future.
FromYale 360 (Jim Robbins). Here’s an excerpt click through for the photos and to read the whole article:
The Colorado River has been dammed, diverted, and slowed by reservoirs, strangling the life out of a once-thriving ecosystem. But in the U.S. and Mexico, efforts are underway to revive sections of the river and restore vital riparian habitat for native plants, fish, and wildlife. Fifth in a series.
From the air, the last gasp of the Colorado River is sudden and dramatic. The pale green river flows smack into the Morelos Dam on the U.S.-Mexico border, and virtually all of it is immediately diverted into a large irrigation canal that waters a mosaic of hundreds of fields — alfalfa, asparagus, lettuce, and other vegetables, their vivid green color clashing against the sere desert. The slender thread of water that remains in the Colorado’s channel continues to flow south, but is soon swallowed up by a sea of sand, far short of its delta, which lies 100 miles farther on.
The Colorado River once surged through the delta during high flows, carrying so much water at times that shallow draft steamboats chugged hundreds of miles up the river into the U.S. with loads of freight. The water in the delta nourished a vast fertile landscape, a fitting end to a river known as the Nile of North America.
“The river was everywhere and nowhere,” the naturalist Aldo Leopold wrote during a 1922 canoe trip to the delta, describing the waterway as it ebbed, flowed, braided, and stalled into pools, nourishing a rich and diverse ecosystem of “a hundred green lagoons,” a “milk and honey wilderness” with thick stands of cottonwoods and willows that provided habitat for hundreds of species of birds. The delta’s marshes, mudflats, and white sand beaches were home to clapper rails, bitterns, mallards, teal, and clouds of egrets.
Bobcats, puma, deer, and wild boar wandered the delta’s forests. Leopold was searching for the jaguar that roamed there, but didn’t see any…
As a natural river, before it was dammed, the Colorado was a massive, dynamic waterway. It flowed from elevations above 14,000 feet in the Colorado Rockies, then dropped to sea level, which meant that it moved at high water with tremendous force, liquid sandpaper carving out red rock canyons. It flooded the desert plains, carving new channels and braids with every inundation. When it receded, it left behind a mosaic of fecund marshes, wetlands, and ponds.
In its natural state, the Colorado had more extreme flows than any river in the U.S., ranging from lows of 2,500 cubic feet per second in the winter to 100,000 cubic feet per second in the summer. In 1884, an all-time historical peak flow reached 384,000 cubic feet per second in Arizona.
But extreme flows are too capricious to support a civilization, so over the past century or so humans have built a network of expensive dams and reservoirs, pipelines, canals, flumes, and aqueducts to tame and divert the flow. Yet these projects also strangled the life out of a once-thriving ecosystem. By design, the river will never again function as a free-flowing stream.
Now, however, experts and environmentalists are rethinking this technological marvel of a river, and looking at ways a natural Colorado can flourish — to some degree, and in some places — with the permission of the engineers. One of those places is in the delta.
The water that flowed in the once-lush delta has been replaced by sand, and the cottonwoods and willows have surrendered their turf to widespread invasive salt cedar and arrowweed. Without the river and its load of nutrients, marine productivity in the Gulf of California — where the Colorado River once ended — has fallen by up to 95 percent. But despite the dismal forecast for the future of water on the Colorado, some conservationists are hoping to return at least a portion of the delta to its former glory.
“We are trying to restore a network of sites that creates a functional ecosystem,” said Francisco Zamora, who manages the project for the Sonoran Institute. “We’ve acquired water rights, but use them for habitat instead of cotton or wheat.”
The delta is one of a disconnected series of restoration projects that government agencies, local groups, and environmental organizations are undertaking along the Colorado. Numerous efforts are focused on tributaries to the main stem of the river, seeking to enhance resiliency by increasing the flow of water and protecting and restoring riparian habitat for fish and other wildlife.
For example, a coalition of groups — including state agencies, nonprofits, and the Arizona cities of Buckeye and Agua Fria — have been removing invasive salt cedar, planting native species, and building levees to reclaim a 17-mile stretch of the Gila River. Invasive salt cedars are a region-wide problem on the lower Colorado, with a single tree sucking up 300 gallons a day. The invasive forest on this stretch of the river uses enough water to serve 200,000 households.
In the upper basin, meanwhile, a number of groups and local landowners are working to restore a 15-mile-long floodplain with globally significant biodiversity on a narrow section of the Yampa River, another Colorado tributary. Called Morgan Bottom, the section has been damaged by deforestation and poor agricultural practices, threatening bald eagles and greater sand hill cranes, as well as a rare riparian forest of narrowleaf cottonwood and red osier dogwood.
But there are limits to how natural the Colorado River can become, especially along the river’s main stem. “We should not kid ourselves that we are making it natural again,” said John Fleck, the director of the University of New Mexico’s water resources program and the author of a book about the restoration of the Colorado. “We are creating an intensively managed system to mimic some nature because we value it.”
Because of the Colorado’s extensive infrastructure, serious disruption of the river’s ecology is inevitable.
Indeed, some of the remaining naturalness on the Colorado is, paradoxically, because of the human-made system. “The geography of the Colorado gives it hope because L.A. and southern California, which everybody loves to hate, guarantee that a lot of water stays in the system through the Grand Canyon,” says Jack Schmidt, a professor at Utah State University and a member of the Colorado River Research Group. “The best friend endangered fish ever had in the Colorado River Basin is that giant sucking sound” of California withdrawing water.
Widespread protection efforts are focused on native fish in the Colorado. The river once was home to an unusual number of endemic fish. But dams, irrigation, and the introduction of bullhead, carp, and catfish did them in. While the upper basin still has 14 native fish species, the lower basin, according to one study, “has the dubious distinction of being among the few major rivers of the world with an entirely introduced fish fauna.”
The Colorado pike minnow — something of a misnomer for a fish that historically grew to 6 feet in length and weighed up to 80 pounds — once swam through the entire system from Wyoming to Mexico. It is now listed as endangered, with two distinct populations remaining in the upper Colorado and the Green River.
The humpback chub lived in various canyon sections, and though once seriously endangered, it has fared better in recent years through transplantation efforts, growing from 2,000 to 3,000 fish to 11,000. Officials say it may soon be taken off the endangered list.
Razorback suckers, once common, are now rare. The bonytail, a type of chub that is one of North America’s most endangered fish, no longer exists in the wild. A handful of these fish exist in hatcheries, and attempts are underway to restock them in the river throughout the basin.
Because of the Colorado’s extensive infrastructure, serious disruption of the river’s ecology is inevitable. Dams trap most of the river’s sediment in reservoirs, which means there is no material to rebuild beaches, sandbars, and important fish habitat downstream.
Dams also deprive the river downstream of nutrients, such as phosphorous and nitrogen, and stratify water temperatures. The native fish in the Colorado adapted to a wide range of temperatures, from cold to very warm. They also evolved to tolerate high flood flows along with extremely dry periods. Now, the water is cold in the summer for miles below the dams, and the humpback chub and other fish that had adapted to a range of water temperatures and flows suffer.
Something called hydro-peaking also has had serious impacts on the food web. Dams generate power according to demand. As people come home from work and switch on the stove, air conditioning, and lights, demand soars and dams release more water to produce power. “Prior to the construction of dams, there were almost no major daily changes in river levels,” said David Lytle, a professor of integrative biology at Oregon State University. When fluctuations in water levels occur, they “can interrupt the egg-laying practices of some species. It’s a serious problem.”
Insects lay their eggs just below the water level, and if levels drop rapidly it can dry them out. A recent study found that below the Hoover and Glen Canyon dams, there was a complete absence of stoneflies, mayflies, and other species — insects that are vital food for fish, bats, birds, and other creatures.
Because of the ecological effects of the Glen Canyon Dam, the Grand Canyon stretch of the Colorado is one of the least productive sections of river in the world. The Colorado here will always be highly unnatural, a novel, human-created ecosystem with some natural elements.
Today, there is a large and growing backlash against dams in America and elsewhere as the immense damages they have inflicted on rivers become manifest. Few dams, though, are as reviled as the Glen Canyon, which was built in 1963 and took 17 years to fill Lake Powell.
Before the Glen Canyon was dammed, those who saw it say it was not unlike the Grand Canyon, with towering walls of red, tan, and ochre. Early Native American sites were plentiful. Environmental activist Edward Abbey decried the dam, and in his novel the Monkey Wrench Gang fantasized about using houseboats packed with explosives to blow it up. In 1981, members of Earth First!, a radical environmental group with a connection to Abbey, rolled a black plastic “crack” down the face of the dam to symbolize its demise.
Removing the dam was part of the reason the Glen Canyon Institute was formed, but activists have now dropped that idea, says Rich Ingebretsen, a Salt Lake City physician who founded the group. Today, he advocates draining Lake Powell to fill Lake Mead, which is downstream and where the need for water is by far the greatest. The “Fill Mead First” campaign would restore a free-running Colorado River to what was once Lake Powell.
“You’d get much of Glen Canyon back,” said Ingebretsen. “A free-flowing river through the Grand Canyon means you’d restore the river — riparian zones, animals that belong there, a beautiful canyon with arches and bridges and waterfalls. Much of that would come back very quickly.” There would also be increased water in the river, he says, because so much of the Colorado is now lost from Lake Powell; scientists estimate that the lake loses three times Nevada’s allotment of water because of evaporation. As levels in Lake Mead drop due to prolonged drought, a growing number of people are taking this idea more seriously.
Paradoxically, two of the Colorado River’s most important wetlands for wildlife are the product of runoff from irrigated farm fields — and are now at risk from a changing climate and agreements to reduce water use.
In the Sonoran Desert of northwestern Mexico, the 40,000-acre La Cienega de Santa Clara wetland was inadvertently created in the 1970s when U.S. officials built a canal to dispose of salty wastewater from agricultural fields in Arizona. As the water began spilling into the desert, myriad forms of life began to appear. Now its cattail-studded marshes and mudflats are considered one of the most important wetlands in North America, home to 280 species of birds — including the endangered Ridgeways rail — on what was once hard-baked desert.
Meanwhile, in California, the Salton Sea was once a shallow inland lake whose levels routinely fluctuated. In 1905, an effort to increase Colorado River flow into the Imperial Valley led farmers to allow too much river water into their irrigation canal, overwhelming their system; for two years the water poured into the 35-mile-long, 15-mile-wide Salton Sea and expanded it.
But as less water becomes available to agriculture and rising temperatures cause more water to evaporate, scientists are concerned that these wetlands will dry and shrink faster than they already have. A 2003 agreement, for example, allows agricultural water in the Imperial Valley to be sent to San Diego for municipal uses. That could cause water levels in the Salton Sea to drop by more than 40 percent, dramatically reducing bird habitat and increasing toxic dust because wetlands would dry out. Local, state, and federal officials have devised a plan — still not fully funded — to restore 15,000 acres of wetlands, at a cost of more than $700 million.
The largest project to restore some semblance of nature to the Colorado River, though, is in the delta. An unusual agreement in 2012 between the U.S. and Mexico, called Minute 319, mandated that the two countries would provide water and funding to revive sections of the delta and release a one-time pulse of 105,000 acre-feet to again connect the river to the delta temporarily. Scientists would then study the effects.
In 2014, for the first time in decades, the river flowed again in Mexico — for eight weeks. San Luis Rio Colorado — once a Colorado River town, but now a dusty desert settlement — became a river town for two months, to the delight of locals, many of whom had never seen the river. The pulse offered a glimpse of what reclamation efforts might look like. “It gave us an idea of how the river behaves, and the best sites for restoration,” said Zamora.
Minute 319 and its 2017 replacement, Minute 323, have funded the restoration of sections of the river. A group of nonprofits — including the National Audubon Society, the Sonoran Institute, The Nature Conservancy, and a Mexican group called Pronatura Noroeste — is working on a project called Raise the River to revive a significant swath of the delta.
In 2008, the group secured rights to 1,200 acres along the desiccated river channel. Since then, local residents have torn out acres of salt cedar and planted irrigated fields of cottonwood, willow, and other endemic species — more than 200,000 trees in all. A small supply of water mandated by the treaty, along with excess water that flows off of irrigated fields, have been dedicated to the restoration.
On a recent visit, I joined Zamora and botanist Celia Alvarado on a short boat ride to Laguna Grande, a 6-mile section of restored river and estuary. We skimmed across still water the color of weak tea, minnows darting away from our paddles. Thick groves of cottonwoods and willows lined the river. Zamora remarked that bobcats and beaver lived there now, along with blue grosbeaks and yellow-billed cuckoos. “Impacting the target species is key,” he said.
And what about the jaguar? I asked. It has not returned, he said. Will it come back?
“Yes,” said Zamora, smiling. “Someday. If they allow me to introduce them.”
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.
Since September 2015, the United States, the seven Colorado River Basin states, and key water users including CAWCD, have been working with their counterparts in Mexico to develop a successor agreement to Minute 319, now known as Minute 323.
The direct negotiations with Mexico included the Director of the Arizona Department of Water Resources (ADWR) representing the interests of Arizona. CAWCD staff participated in several work groups supporting the negotiation effort. The Minute was finalized by the Commissioners of the International Boundary and Water Commission in the United States and the Republic of Mexico on September 27, 2017.
The Minute provides significant and lasting benefits to water users in Mexico and the United States, including CAP water users. The Minute provides for new investments in water conservation infrastructure in Mexico which will make water uses in the Mexicali Valley more efficient for the long-term. Mexico and the U.S. agreed to share the risks of shortages and to share opportunities for surplus Colorado River water. In addition, Mexico agreed to participate in additional actions to protect Lake Mead, in the event that the U.S. water users implement a Drought Contingency Plan in the U.S. The new Minute is an extension and expansion of the collaborative and cooperative efforts to protect Lake Mead and sustain the shared resources of the Colorado River.
CAWCD has participated in the binational process between the United States and Mexico since 2008 to achieve four main goals, which have been included in Minute 323:
Decrease the duration or magnitude of shortages by seeking Mexico’s voluntary agreement to share in Colorado River shortages with U.S. water users.
Increase the storage in Lake Mead through the development and implementation of water conservation projects in Mexico.
Augment CAP water supplies through the implementation of conservation projects in Mexico and explore binational desalination projects to benefit Arizona and Mexico water users.
Manage salinity compliance operations so that river operational changes made as part of these agreements will not reduce Arizona’s return flows and thereby reduce CAP deliveries.
The key components on Minute 323 are:
Effective through 2026, consistent with the 2007 Guidelines.
Shortage is shared – if one country is in shortage, then the other country is in shortage with the same triggers that are identified for U.S. water users in the 2007 Guidelines; this is similar to Minute 319.
Surplus is shared – if one country can receive surplus, then the other country can receive surplus with the same initial trigger as U.S. water users as identified in the 2007 Guidelines; this is also similar to Minute 319.
Binational conservation projects have been expanded through the commitment to fund specified conservation projects in Mexico, to develop and fund additional projects, and to study binational desalination in the Gulf of California region.
Environmental flows and habitat restoration in the Colorado River delta region in Mexico will continue to be funded.
Salinity management projects will be expanded to improve the water quality of deliveries to Mexico while minimizing the impact to U.S. water users.
Binational Water Scarcity Contingency Plan has Mexico taking additional voluntary reductions upon the implementation of the Lower Basin Drought Contingency Plan, with the Mexico reductions similar to the Lower Basin states at the same elevation triggers.
In order to implement the Minute, a series of domestic agreements between U.S. parties were also executed. Overall, there are eight domestic agreements necessary to implement Minute 323 in Arizona and CAWCD is a party to six of these agreements, including a Memorandum of Agreement with ADWR. The CAWCD Board approved the execution of these agreements at the Board meeting on August 3, 2017. The domestic agreements were executed simultaneously with Minute 323. These agreements will serve to provide additional protection for CAP water users, and further CAWCD’s cooperative actions with its interstate and international partners to protect its Colorado River supply.
…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.
Here’s a report from Dan Elliott writing for the Associated Press. Click through to read the whole article. Here’s an excerpt:
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 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,” [Chuck] Collum said…
The deal being signed Wednesday, known as Minute 323, is an amendment to a 1944 U.S.-Mexico treaty that lays out how the two nations share the river. The treaty promises Mexico 1.5 million acre-feet (1.9 billion cubic meters) of water annually…
The new agreement, which will be in force for nine years, does not include a repeat of the historic 2014 “pulse” that sent about 105,000 acre-feet (130 million cubic meters) of water surging into river’s delta in Mexico, the U.S. water officials said…
But the agreement does include up to 210,000 acre-feet (260 million cubic meters) for environmental restoration projects, according to a briefing from Southern California’s Imperial Irrigation District, one of the funders of the Mexican infrastructure projects.
Minute 323 provides a long-term plan for management of the Colorado River. Photo courtesy of Sascha Brück
Water has been a source of conflict for more than 200 years in the West. The Colorado River delta had not seen water for about 20 years until the Pulse Flow, a release of 105,392 acre-feet of water from the Morelos Dam, boosted the Colorado River, allowing it to flow to Mexico’s Gulf of California and reach the ocean in March 2014. The Pulse Flow was released under Minute 319 of the 1944 treaty with Mexico.
Minute 319 provides a water basin management approach focused on the sustainable use of the Colorado River, but it will expire on Dec. 31, 2017. Not to worry, Minute 323, set to be signed on September 26 in Santa Fe, New Mexico, is a continuation of this water basin management approach and provides a sustainable long term plan…
GRAND JUNCTION — Bringing more certainty to an unruly and unpredictable Colorado River system was a common theme among water managers speaking at the Colorado River District’s annual seminar Friday.
Although the drought that has gripped much of the Colorado River Basin for the past 16 years has eased up a bit, population growth and the long dry spell have pushed the river’s supplies to the limit, with every drop of water in the system now accounted for.
Meanwhile, the effects of climate change on the Colorado’s future flows are still a big question mark, and it could mean wide variability in the years to come, with periods of punishing drought followed by a sudden record-setting wet year, as California recently experienced.
Bill Hasencamp, general manager of Colorado River resources for the Metropolitan Water District of Southern California, described how in April 2015, snowpack in the Sierras was at an all-time low. But by this spring, it was at an all-time high, after a winter of heavy precipitation.
The change in snowpack eventually led to huge fluctuations in water prices – from $1,800 per acre-foot at the height of the drought to just $18 per acre-foot this year, Hasencamp said.
That kind of turbulence places enormous pressure on the Colorado River Basin’s big municipalities, which must secure their water supplies for millions of people, said Eric Kuhn, the general manager of the River District, which is based in Glenwood Springs and helps protect western Colorado’s water resources.
Kuhn is retiring next year and was making his last formal presentation as general manager of the river district. As he heads into retirement, he’s working on a book with author John Fleck about the history of managing the Colorado River and the creation of the Colorado Compact.
“The reality is — and we all have to accept this — big-city providers need certainty,” he said. However, Kuhn said he didn’t think that means more transmountain diversions from the Western Slope.
The most obvious source of additional water for cities is agriculture, which holds the lion’s share of senior water rights on the Colorado River, but no one is eager to see rural areas sacrificed for urban growth, Kuhn said.
So, he added, water managers throughout the basin are figuring out ways to adapt 19th-century water laws to a 21st-century reality.
Cooperative agreements between irrigators and municipalities are one option, providing cities with additional sources of water during dry periods.
Already, a three-year pilot initiative called the System Conservation Pilot Program has shown that farmers and ranchers are open to using less water in exchange for compensation.
Beginning in 2014, four of the big Colorado River Basin municipalities and the Bureau of Reclamation contributed $15 million to fund water conservation projects throughout the basin.
The program was in limbo after this year while officials worked out some issues, but Hasencamp said Friday that the funders have agreed to continue the pilot program for another year, in 2018.
For water managers, these kinds of flexible arrangements, along with rigorous water efficiency, recycling, and reuse efforts, are the key to finding “certainty” on an inherently volatile river system.
Still, those solutions will not be easy.
As Bill Trampe, a longtime rancher from Gunnison County, explained, less irrigation often comes with unintended consequences such as diminished return flows to the river and nearby fields.
And as Lurline Underbrink Curran, the former county manager for Grand County, described, efforts to heal the destructive impacts of existing water diversions on the Fraser River, a tributary of the Colorado, means accepting that future diversions will in fact take place.
“We tried to form friendships that would help us do more with what we had,” she said.
California’s Salton Sea presents another dilemma, which reaches back up into Colorado River system.
The salty inland lake, created by an accidental breach in an irrigation canal, is drying up.
Since 2002, the state of California has been paying the Imperial Valley Irrigation District to keep the Salton Sea on life support by delivering 800,000 acre-feet of water, but that initiative expires at the end of this year.
Continuing the water deliveries means using up more of the Colorado River’s dwindling supplies, but letting it dry up means exposing local residents to a lakebed full of toxic dust.
None of these problems is new, but as many of the speakers at the river district’s annual seminar explained, water managers now have more tools than ever before to address those challenges — and new urgency with which to apply them.
Recent successes include the successful negotiation of an updated binational water agreement between the U.S. and Mexico, called Minute 232, that is expected to be signed this month. It will outline how the two countries share future shortages on the Colorado River.
“We’re at a point where we can work together, and the success we’ve had is from collaboration,” said Becky Mitchell, the new director of the Colorado River Conservation Board. “It’s really all hands on deck.”
Editor’s note: Aspen Journalism is collaborating with the Glenwood Springs Post Independent, the Aspen Times, the Vail Daily and the Summit Daily News on coverage of rivers and water. The Post Independent published this story in its print edition on Sunday, Sept. 17, 2017. The Aspen Times published it in its print edition on Monday, Sept. 18, 2017. The Vail Daily published it in its print edition on Sept. 18, as did the Summit Daily News.
On a sunny March morning in 2014, dam operators lifted a gate on the Morelos Dam on the Colorado River, at the U.S.-Mexico border. Water gushed toward the river’s dry delta at the Gulf of California. This “pulse flow” coursed downstream for several weeks, nourishing cottonwood and willow saplings and boosting bird and other wildlife populations.
Though most of the water soaked through the parched riverbed to aquifers below, enough remained aboveground to allow the river to meet the gulf for the first time since the late 1990s. That reminded people throughout the basin of the Colorado’s importance — and how humans have altered it. The 2012 international agreement that made the flow possible and addressed other river-management issues expires at the end of 2017. Officials, however, are expected to sign a new pact in the coming weeks. That deal, called “Minute 323,” will extend and expand the previous agreement — and reduce the risk of a catastrophic water shortage that could leave fields and faucets dry.
Under the new agreement, Mexico would commit to voluntary reductions in water use beyond those specified in 2012 when Mead drops, according to a summary of Minute 323 several water agencies presented to their boards. But those extra restrictions only go into effect if the U.S. Lower Basin states also agree to similar cutbacks, called the “drought contingency plan.”
That kind of cooperation is critical for the success of basin-wide plans, says Jennifer Pitt, the director of the National Audubon Society’s Colorado River Program and U.S. co-chair of the Minute 323 environmental working group. (High Country News board member Osvel Hinojosa serves as the co-chair from Mexico.) “It only works if they all jump in the pool at the same time.”
The Lower Basin states are still at least a few months away from taking that leap. While water agencies hope to have the drought contingency plan finished by mid-2018, obstacles abound, including conflicts between Arizona water managers and disagreements over the Salton Sea in California, which is fed by Colorado River water. Still, the conditional agreement from Mexico adds an extra incentive for finalizing the Lower Basin plan. After all, “(Mexico) wouldn’t owe any more than they do today if the Lower Basin fails to act,” says Chuck Cullom, the Colorado River programs manager at the Central Arizona Water Conservation District. That would leave the U.S. to face additional water shortages on its own.
During yesterday’s regularly scheduled meeting, the Imperial Irrigation District Board of Directors approved a series of agreements to Minute No. 323, a potential amendment to the 1944 treaty with Mexico, which would be key to continuing cooperative efforts on both sides of the border in support of the Colorado River system through 2026.
Directors approved seven domestic agreements that serve to implement Minute No. 323, an international agreement that is expected to be executed before the end of the year by the United States and Mexican governments. The district is one of a number of water agencies in the Southwest to have signed the agreements.
Current interim binational cooperative measures and shortage sharing provisions on the river under Minute No. 319, which was executed in 2012, are set to expire on December 31, 2017. These would continue with the execution of Minute No. 323…
The agreements build on the coordinated operations and water management concepts implemented by the 2007 Interim Guidelines. They also extend or replace binational cooperative measures from Minute No. 318 that address the April 2010 earthquake in the Mexicali valley, and Minute No. 319, the five-year interim shortage and surplus agreement that defines additional operational coordination when Lake Mead drops below 1,075 feet.
In conjunction with the execution of Minute No. 323, the agreements continue to allow Mexico to store water in Lake Mead and provide for Mexico’s continued sharing of shortages and surpluses through 2026. The agreements also provide for a potentially larger drought response partnership with U.S. water users through the development of the Basin States drought contingency plan and Mexico’s binational water scarcity contingency plan.
Additional components include binational cooperative conservation projects, environmental programs, salinity management efforts and the opportunity for additional conservation and desalination projects in Mexico.
The agreements also authorize $31.5 million in U.S. funding for pilot water conservation programs in Mexico that would generate 229,100 acre-feet of conservation. Approximately 70,000 acre-feet of this conservation is designated for Mexican environmental purposes, 50,000 acre-feet will benefit the Colorado River system and 27,275 acre-feet will be assigned to each partnering U.S. water agency (IID, Southern Nevada Water Authority, the Metropolitan Water District of Southern California and the Central Arizona Water Conservation District). The four agencies would fund $15 million ($3.75 million each over 10 years) and the Bureau of Reclamation would provide $16.5 million. The potential would then exist for a second round of binational conservation projects upon completion of these projects.
The U.S. and Mexico sections of the International Boundary and Water Commission are developing Minute No. 323.
A snowy winter in the Rocky Mountains helped Colorado River water users escape a shortage for the next year and likely for at least two more, federal water managers project, though a hot spring made the escape a narrow one.
The river’s reservoirs combined have gained 5 percent of their capacity in the last year, and now sit at 57 percent full. It means customers using Central Arizona Project water in the Phoenix and Tucson areas won’t lose deliveries next year and have just a 31 percent chance of losing some water in 2019 — a marked improvement from roughly even odds projected in recent years.
“We had a fairly decent runoff this year, which certainly helped us trend in the right direction,” U.S. Bureau of Reclamation spokesman Doug Hendrix said Tuesday.
Conservationists say the projections provide a nice reprieve but that the seven states on the river must use the time to plan and save more water and prevent future pain.
“I don’t think we really have time to wait for an official shortage declaration,” said Jeff Odefey, drinking-water-supply program director for the group American Rivers…
A 2007 agreement between Reclamation and the seven states said CAP customers, starting with farmers, would lose some of their river water in any year when the August projections show Lake Mead’s elevation dropping below 1,075 feet elevation on Jan. 1.
The lake would already be well below that level if not for conservation measures by the states and Mexico, Arizona Department of Water Resources Director Tom Buschatzke said in a statement Tuesday…
The government currently projects Lake Mead will end this year well above shortage level, at 1,083.46 feet. It was about 1,080 feet throughout on Tuesday, and should gain elevation as fall temperatures cool and reduce the demand for irrigation water, allowing more of the inflow to pool behind the dam…
The Green River, the biggest tributary to the Colorado, had a record snowpack in Wyoming last winter, Odefey said, while western Colorado was also above normal.
Warm weather then melted, evaporated and increased demand for water, reducing earlier predictions that Lake Mead would get a bigger boost…
The states and the federal government have already propped up the reservoir by paying for conservation and efficiency improvements with a goal of leaving water behind the dam instead of earmarking it for a particular use.
From 2012 through 2016, the states collectively saved 1.2 million acre-feet of water in the reservoir, said Jennifer Pitt, the National Audubon Society’s Colorado River program director.
That’s enough water to support a few million households, and it approaches the Central Arizona Project canal’s share of the river.
“It’s a great demonstration of the fact that water conservation can be done,” she said. “It makes me optimistic about the future.”
According to projections released Tuesday by the U.S. Bureau of Reclamation, the reservoir east of Las Vegas will have enough water in it on Jan. 1 to stave off a first-ever federal shortage declaration — and the mandatory water cuts for Nevada and Arizona that would come with it.
The lake is also on track to avoid a shortage in 2019, thanks to decreased demand downstream on the Colorado River and a larger-than-usual influx of water from Lake Powell upstream.
The extra water from Lake Powell is expected to raise Lake Mead’s surface by more than five feet by the end of the year.
The new federal projections come as officials in the United States and Mexico finish work on a new binational agreement aimed at stretching limited resources on the Colorado and keeping more water in Lake Mead.
Negotiators from the two countries, including representatives of the Southern Nevada Water Authority, have agreed on a range of water-sharing and water-saving initiatives, including voluntary cuts that Mexico could begin taking as soon as next year to prop up the overdrawn, drought-stricken river system.
The agreement also spells out how much Mexico would have to reduce its river use during a declared shortage and how much extra water the nation would get in the event of a surplus on the Colorado.
The new pact, known as Minute 323 to the Mexican Water Treaty of 1944, extends many of the provisions of an earlier treaty amendment approved in 2012 and set to expire at the end of this year. For example, Mexico will be able to keep storing some of its river allotment in Lake Mead, and U.S. water agencies will be able to continue to invest in infrastructure improvements south of the border in exchange for a portion of the saved water.
The water authority board is expected to vote Thursday to sign on to Minute 323 when the agreement is finalized next month.
“It’s a good deal for both countries,” Authority General Manager John Entsminger said.
The most important thing about the deal is the certainty it provides, Entsminger said. Water managers in both countries will now know what to expect should the river continue to shrink.
“It’s a big deal because the last thing you want is uncertainty when you get into a shortage condition,” he said.
The voluntary water cuts Mexico would take under the treaty deal hinge on a separate but related pact being negotiated by water officials in Nevada, Arizona and California.
The three states have agreed in principle on the so-called Lower Basin Drought Contingency Plan, under which Nevada, Arizona and, eventually, California would voluntarily leave some of their river water in Lake Mead when the surface of the reservoir falls to certain trigger points.
Entsminger said the multistate deal is on track for completion next year despite some public spats and lingering disagreements among water agencies in Arizona and California over how the voluntary cuts should be made in each state.
“I do believe it will happen,” he said…
The Las Vegas Valley relies on Lake Mead for 90 percent of its drinking water supply. The surface of the reservoir now sits at about 1,080 feet above sea level, roughly 130 feet lower than it was before the current drought began on the Colorado River in 2000…
Above-average flows in the Colorado River helped keep Lake Mead out of shortage for another year, but the real news is on the demand side.
Over the past year, Nevada, Arizona and California combined to use less than 7 million acre-feet of river water for the first time in 25 years.
Colby Pellegrino, Colorado River programs manager for the Southern Nevada Water Authority, said the decline in demand is proof that conservation efforts on the Colorado are making an impact.
The last time the three lower basin states combined to use less than 7 million acre-feet of river water was in 1992, when the region was home to roughly 7 million fewer people than it is now.
“We’ve successfully decoupled our economic prosperity from our water use,” Pellegrino said.
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.
With a Senate Hearing [August 2, 2017] and a meeting of the Central Arizona Water Conservation District Thursday, we’re starting to see the public rollout of a Colorado River management agreement between the United States and Mexico that now looks like it’s on track to be signed within the next few months.
The biggest clue that this could really happen is that they’ve changed the name from “Minute 32x” to “Minute 323”. The placeholder “x” meant the agreement would be signed sometime, changing it to a “3” suggest people are confident enough that it’s really going to happen soon that they’ve assigned it a number and put it in the queue.
While the full agreement has not been made public, the negotiating team has put together a detailed set of talking points to be taken to the various water agency boards and state agencies on the U.S. side…
Embedded in the deal are two important pieces.
The first is Mexico’s continued participation in the current binational water conservation scheme, in which water users in both the United States and Mexico agree to curtail their water use as Lake Mead drops. This is the follow-on to Minute 319, the historic 2012-U.S.-Mexico agreement that broke down the key barriers to international management on the river.
The second piece is what’s called in the new minute the “Binational Water Scarcity Contingency Plan”, which is the international flavor of what’s known by the norteños as the “Drought Contingency Plan”. This is the agreement that ratchets up the conservation, making deeper cuts to water use sooner. One of the lawyers in the audience will probably lecture me if I call this piece “contingent” or “trigger” or whatever, but the fact is that this language lays out the details of Mexico’s participation in the new DCP scheme, but it doesn’t take effect until folks on the U.S. side approve the DCP.
Its inclusion here, and the fact that it’s now being made public, is crucial evidence that folks in the United States have settled on the final terms of the deal and we’re not just in the “working out the formalities” part of the process. There’s always been a chicken/egg problem about which would come first, the DCP or the U.S.-Mexico minute, because each depends on the other. The solution has been a contingent minute (don’t scold, lawyer friends) through which Mexican participation is contingent on the separate deal within the U.S. being signed. The only way folks are willing now to go forward with the U.S.-Mexico piece is because they’re confident that the U.S. piece will follow.
These “minutes” (they function kinda like amendments to the U.S.-Mexico treaty, but don’t call them that the lawyers will scold you) part part of a trend away from conflict and toward collaboration as the Colorado River crosses its international border. They add a crucial piece – a joining of water management institutions across the international border in an effort to manage the Colorado River as one river.
Together, these steps demonstrate the extraordinary pivot on the Colorado River from Mark Reisner’s “most litigated river in the entire world” to a system in which the parties stay out of the courts and international tribunals and negotiate mutually beneficial agreements to deal with the Colorado’s problem of overallocation.