Watershed Councils in the U.S. - Mexico The Mexican legal perspective of these water-guardians By Denisse Varela

Legal framework in Mexico International Treaties between the U.S. and Mexico. Principally those signed in 1882 and 1944 Mexican Constitution – published in 1917 –Last amendment to water issues in 2002 La Paz Agreement – published in 1984 –ANNEX 1 – in force since 1985

Legal framework in Mexico General Law of Ecological Balance and Environmental Protection (the “General Law”) – P ublished in 1989 National Waters Law – published in 1992 –Last Amendments to National Waters Law –published in 2004 Regulation to the National Waters Law – published in 1994 –Last Amendments to the Regulation to the National Waters Law published in 2002

Legal framework Federal jurisdiction Constitution of Mexico –Federal Waters Article 27 General Law of Ecological Balance and Environmental Protection. Article 11 fraction V National Waters Law Regulation to the National Waters Law Mexican Official Standards, including for example: NOM-001-CNA-1995; NOM-001-SEMARNAT-1996; NOM- 002-CNA; NOM-141-SEMARNAT-2003

Legal framework State jurisdiction Constitution of Mexico –Non-Federal Waters Article 124 General Law of Ecological Balance and Environmental Protection. Article 7 fraction VIII Law of Ecological Balance and Environmental Protection for the State of Chihuahua (“Chihuahua State Law”) Regulation to the Chihuahua State Law Law of Waters for the State of Chihuahua (under discussion)

Legal framework Municipality jurisdiction Constitution of Mexico –Rendering of Services: potable water supply & sewerage systems Article 115 General Law of Ecological Balance and Environmental Protection. Article 8 fraction VII Regulation to the Municipalities, such as Juarez, for example Law of Waters for the State of Chihuahua (under discussion) Law of Ecological Balance and Environmental Protection for the State of Chihuahua (“Chihuahua State Law”) Mexican Official Standards

Watershed Councils Backgrounds International Boundary & Water Commission (IBWC) created by a treaty in 1889 International Boundary Commission (IBC) 1944: other treaty change the name of the IBC to IBWC Constitution of Mexico –Article 9 since 1917 without any reform Freedom to meet or to associate shall not be restricted if people do it pacifically; but only citizens of the Republic might gather regarding Mexican policy matters. The right to deliberate is inherent to unarmed gatherings.

Watershed Councils Backgrounds La Paz Agreement –ANNEX 1 Done in July 18, 1985 The La Paz Agreement created a framework for the binational working groups, to address the priority environmental problems of the U.S.-Mexican border area. There are 6 transboundary working groups, one of these is the Water Group.

Watershed Councils Backgrounds General Law of Ecological Balance and Environmental Protection –Published in 1989 Article 117 fraction II and V: Concerns the Government and Society, prevents the pollution of rivers, basins, sea waters and other basins and streams, including underground waters; and Society participation and co-responsibility is a must to avoid water pollution.

Watershed Councils Backgrounds General Law of Ecological Balance and Environmental Protection –Amendment in 1996 Articles In order to promote Public Participation, SEMARNAT shall integrate councils with the nonprofit organizations, the private sector and the academics. SEMARNAT has to explain why it had accepted or refused the opinion of a council.

Watershed Councils Meaning –Article 3 fraction XV National Waters Law amendment in 2004 “Watershed Councils": heterogeneous groups that shall be the supporters, advisors and assessors as a result of the request for coordination and compromise between the “Commission” (including the Watershed Office of the Commission which corresponds to it) and the Federal, State or Municipality dependencies and offices, and the representatives of the water-users and the organizations of society, in the respective basin or basin area.

Watershed Councils Legal authority –Article 9 National Waters Law The Commission shall analyze the rates, listening to the opinion of the Watershed Council. –Article 13 and 13 BIS 1 National Waters Law Watershed Councils are not subordinate to the Water Commission nor to the Watershed Offices of the Commission.

Watershed Councils Members –Article 7 BIS fraction II and X National Waters Law Federal Government State Government Municipality Government Water-users (private sector) Nonprofit organizations

Watershed Councils How they work –Article 13 BIS and 13 BIS 2 National Waters Law Watershed Councils must comply with the following regulations: –National Waters Law –Regulations to the National Waters Law –General Rules to the Integration, Organization and Operation –Provisions state by the Commission

Watershed Councils –Article 13 BIS 1 National Waters Law Watershed Councils shall have at least the following organizations under their authority: –General Assambly of Water Users –Executive Directors –Operation and Vigilation Commission –Operative Management

Watershed Councils Before 1992 –LA PAZ AGREEMENT ANNEX 1 To the agreement between the U.S. and Mexico on cooperation for the protection and improvement of the environment in the border area 18 th day of July, 1985 In 1992 Non-official way to public access to government-held environmental information was included in such Annex Article 13 of the National Waters Law States that: “The Commission, prior accord of its Technical Council, will create Watershed Councils as an organization Which intermediate between the Governments (Federal, State, Municipal) and the representatives of water-users” Only the concept was introduced, none specific role was determined into Law

Watershed Councils Since 1994 to 1997 –Regulation to the National Waters Law was published – Article 15 fractions III, V and VI state: –III: What Ministries shall be members of the watershed council –V: How many water–users might be members –VI: How members will participate and the necessity to define substitutes per each member Since Regulation to the National Waters Law was amendment Article 15 fraction I-c) and III state: - I c) None specific Ministries is mentioned - I c) The number of water-users whose might be members is not limited to six. - III: The right of guests are limited explicitly

Watershed Councils Before 2004 Since April 30, 2004 Regulation to the National Waters Law amendment 1997 Article 15 fraction I-c) and III state: - I c) None specific Ministries is considered member of watershed councils - I c) The number of water-users whose might be members is not limited to six. - III: The right of guests are limited explicitly National Waters Law amendment 2004 Article 13 BIS, 13 BIS 1, 13 BIS 2, 13 BIS 3, state: 13 BIS: Change the management structure including a Table 13 BIS 2 fraction I: The number of representatives of water-users is not limited, but there are limited to the General Rules to the Integration, Organization and Operation. 13 BIS 3: Enlist the authorities of the watershed councils

Watershed Councils Current watershed councils in Mexico = 25 No. Watershed Council Date of the approval obtained from the Technical Council of the CNA Installation Date Regional Office of the CNA 1Baja California Sur December 15, 1998March 3, 2000 I Baja California Peninsula 2Baja California December 3, 1999 December 7, 1999 I Baja California Peninsula 3Alto Noroeste December 15, 1998 March 19, 1999 II Northwest 4Yaqui y Mátape Rivers* August, September 15, 2000 II Northwest 5Mayo RiverAugust 24, 1999September 15, 2000 II Northwest Source:

Watershed Councils Current watershed councils in Mexico = 25 6Fuerte and Sinaloa Rivers Augost 24, 1999December 10, 1999 III North Pacific 7Mocorito al Quelite Rivers August 24, 1999December 10, 1999 III North Pacific 8Presidio al San Pedro Rivers March 28, 2000June 15, 2000III North Pacific 9Balsas RiverDecember 15, 1998 March 26, 1999IV Balsas 10Guerrero CoastMarch 28, 2000March 29, 2000V South Pacific 11Oaxaca CoastNovember 25, 1997 April 7, 1999V South Pacific 12Rio Bravo*August 10, 1993 January 21, 1999 VI Rio Bravo Sede in Monterrey, Nuevo Leon, Mexico

Watershed Councils Current watershed councils in Mexico = 25 13Nazas- Aguanaval November 25, 1997 December 1, 1998 VII North-Center Watersheds 14AltiplanoAugust 24, 1999November 23, 1999 VII North-Center Watersheds 15Lerma-ChapalaDecember 8, 1992 January 28, 1993VIII Lerma-Santiago- Pacific 16Santiago RiverMay 18, 1999July 14, 1999VIII Lerma-Santiago- Pacific 17San Fernando- Soto La Marina Rivers August 24, 1999August 26, 1999IX North Gulf 18Panuco River* May 18, 1999 August 26, 1999 IX North Gulf 19Rios Tuxpan al Jamapa March 28, septiembre 2000 X Center Gulf 20Papaloapan River May 18, 1999June 16, 2000X Center Gulf 21Coatzacoalcos River March 28, 2000June 16, 2000X Center Gulf *This watershed is not on the border but it is too near

Watershed Councils Current watershed councils in Mexico = 25 22Chiapas CoastNovember 25, 1997 January 26, 2000XI South Border 23Grijalva and Usumacinta Rivers March 28, 2000August 11, 2000XI South Border 24Yucatan Peninsula May 18, 1999December, XII Yucatan Peninsula 25Valley of México August 10, 1993 August, XIII Valley of Mexico waters

Watershed Councils Expectations –Article 12 BIS 1 National Waters Law Work in harmony with the Watershed Offices of the Commission –Article 12 BIS 6 and article 13 Become the government & nongovernment guardians partnership for water sustainability

Watershed Councils in the U.S. – Mexican Border LA PAZ AGREEMENT EXPERIENCES –Since 1984 –ANNEX 1 cognizant of the obligations adopted by both governments in approving minute 270 of the International Boundary and Water Commission, United States and Mexico (IBWC), signed April 30, 1985 in Ciudad Juárez, Chihuahua, and the special conditions and recommendations adopted on March 6, 1985 by the Inter-American Development Bank in its loan to the Banco Nacional de Obras y Servicios Públicos, S.A. for the expansion and improvement of the potable water supply and sewerage systems of Tijuana (Document PR-1414), the Governments of the U.S and Mexico

Watershed Councils in the U.S. – Mexican Border Rio Bravo Basin Coalition Since 1994 Conference Uniting the Basin Recommendations: a) Strengthen public participation, as part of the Project for the Sustainable Development of the Rio Grande/Rio Bravo Basin; and b) Promote the creation of subgroups for the Rio Pecos and Rio Conchos no longer than 1995; and prepare their proposals during next three years.

Watershed Councils in the U.S. – Mexican Border What’s going to be necessary after 2006… For the Rio Bravo/Rio Grande Basin: Integration of the IDEAS created by the Rio Bravo Basin Coalition, with the IDEAS of the Water Group of the Border 2012, and with the IDEAS of the Rio Bravo Watershed Council For the Santa Cruz Basin and the Western Region: Integration of the IDEAS created by the Water Group of the Border 2012, and with the IDEAS of the Baja California Watershed Council or the Alto Noroeste Watershed Council

Watershed Councils in the U.S. – Mexican Border What’s going to be necessary after 2006… For all: Recognition that watersheds sustainability is not only a national problem and consider it as an issue share with the U.S. Learn more sophisticate communication skills

Watershed Councils in the U.S. – Mexican Border How? Academic meetings to share information in any case between the members of the Watershed Groups and Subgroups of the Border 2012 and the Watershed Councils Creation of web pages (English & Spanish) per each Watershed Council. At least for those located on the border with the U.S. Actualization of current web pages

Thank you!