1. BINATIONAL COOPERATION WITH MEXICO ON COLORADO RIVER ISSUES Urban Water Institute August 15, 2013 Peter S. Silva, PE Consultant (SSI) Metropolitan Water District

2. U.S. - Mexico Relations All formal relationships on any matter must be through federal governments of both countries All formal relationships on any matter must be through federal governments of both countries U.S. states have no authority to enter into agreements directly with a Mexican state or other entity U.S. states have no authority to enter into agreements directly with a Mexican state or other entity All international issues are managed: All international issues are managed: by the U.S. State Department by the U.S. State Department by Mexico Relaciones Exteriores by Mexico Relaciones Exteriores All binational issues related to maintenance of the border and water issues are managed by the International Boundary and Water Commission. 2

3. International Boundary and Water Commission Feb. 2, 1848- Treaty of Guadalupe Hidalgo Feb. 2, 1848- Treaty of Guadalupe Hidalgo March 1, 1889- International Boundary Commission March 1, 1889- International Boundary Commission Feb. 3, 1944- Water Treaty for the “Utilization of Waters of the Colorado and Tijuana Rivers and the Rio Grande” Feb. 3, 1944- Water Treaty for the “Utilization of Waters of the Colorado and Tijuana Rivers and the Rio Grande” Changed the name of the IBC to the International Boundary &Water Commission Changed the name of the IBC to the International Boundary &Water Commission 3

4. 1944 Water Treaty Apportioned water from the CR and Rio Grande between the two countries Apportioned water from the CR and Rio Grande between the two countries Did not deal with Tijuana River Did not deal with Tijuana River Mexico receives 1.5 MAF of CR water annually Mexico receives 1.5 MAF of CR water annually CR water to Mexico capped at 1.7 MAF annually CR water to Mexico capped at 1.7 MAF annually In reality, received more than 1.7 MAF prior to 2000 In reality, received more than 1.7 MAF prior to 2000 Treaty refers to shortages to Mexico but does not define “extraordinary drought’ Treaty refers to shortages to Mexico but does not define “extraordinary drought’ 4

5. IBWC Both a U.S. and Mexico Section in El Paso, TX and Ciudad Juarez, Chihuahua Both a U.S. and Mexico Section in El Paso, TX and Ciudad Juarez, Chihuahua Commissioners must be “Engineers” and appointed by the respective Presidents Commissioners must be “Engineers” and appointed by the respective Presidents Currently in U.S.- Ed Drusina Currently in U.S.- Ed Drusina Currently in Mexico- Roberto Salmon Currently in Mexico- Roberto Salmon 5

6. 6 U.S. – Mexico Boundary

7. IBWC- U.S. Section Deals with U.S. State Dept. on Treaty matters Deals with U.S. State Dept. on Treaty matters Interacts with U.S. border states and cities Interacts with U.S. border states and cities –Water rights vested in states and local agencies Can receive funding from Congress for construction of civil works in U.S. and Mexico Can receive funding from Congress for construction of civil works in U.S. and Mexico On Colorado River, acts as liaison with the U.S. Bureau of Reclamation (BOR) on Water Treaty deliveries to Mexico On Colorado River, acts as liaison with the U.S. Bureau of Reclamation (BOR) on Water Treaty deliveries to Mexico 7

8. IBWC- Mexico Section Deals with Relaciones Exteriores on Treaty issues Deals with Relaciones Exteriores on Treaty issues Interacts with Comision Nacional de Agua (CNA) on water issues Interacts with Comision Nacional de Agua (CNA) on water issues –Mexico water owned by Fed. Govt. –Much less interaction with states than U.S. section Does not receive federal funding for construction and O&M- relies on CNA for funding mechanisms Does not receive federal funding for construction and O&M- relies on CNA for funding mechanisms On Colorado River issues acts as liaison with CNA on Treaty water deliveries from U.S. On Colorado River issues acts as liaison with CNA on Treaty water deliveries from U.S. 8

9. IBWC “Minute” Process IBWC Minute mechanism used for recognition of binational actions approved by both governments IBWC Minute mechanism used for recognition of binational actions approved by both governments “Minute” refers to minutes of meetings of two Commissioners that describe agreement(s) reached “Minute” refers to minutes of meetings of two Commissioners that describe agreement(s) reached Formalized by informal approval of both countries’ Congresses through respective Ministries Formalized by informal approval of both countries’ Congresses through respective Ministries Not formal amendments to the Treaty but treated with equal deference by the governments Not formal amendments to the Treaty but treated with equal deference by the governments 319 Minutes signed to date 319 Minutes signed to date 9

11. Colorado River Apportionments (Million acre-feet) Apportionments Deliveries in 1990s Mexico Upper Basin States Lower Basin States 1.71 2.8.31.04 3.86 4.4.84 1.5.05.39.80 2.4.2 5.1.49 1.8 2.5.02

12. Pressures on Colorado River System Prior to 2000, both CA and Mexico using more than their CR allocations Prior to 2000, both CA and Mexico using more than their CR allocations In 2003, in California, QSA implemented to deal with cutback to 4.4 MAF CR allocation In 2003, in California, QSA implemented to deal with cutback to 4.4 MAF CR allocation AAC lining project funded as part of QSA AAC lining project funded as part of QSA Extensive drought taking place immediately after 4.4 plan and QSA initiated Extensive drought taking place immediately after 4.4 plan and QSA initiated 12

13. All-American Canal DROP 3

14. Lining of All-American Canal Controversy Idea of lining AAC formally presented to Mexico in 1998 Idea of lining AAC formally presented to Mexico in 1998 Both formal and informal discussions with Mexico on project begin in 2003 Both formal and informal discussions with Mexico on project begin in 2003 In 2005, CDEM from Mexicali sues in U.S. federal court for injunction to stop project In 2005, CDEM from Mexicali sues in U.S. federal court for injunction to stop project Due to lawsuit and controversy, formal discussions with Mexico cease (informal talks continue) Due to lawsuit and controversy, formal discussions with Mexico cease (informal talks continue) 12/8/06- Congress passes rider bill to move project forward (ESA exemption) 12/8/06- Congress passes rider bill to move project forward (ESA exemption) 14

15. AAC Controversy Aftermath Recognition by both governments that AAC issue not best model for cooperation Recognition by both governments that AAC issue not best model for cooperation 1944 Treaty silent on groundwater issues & both governments reluctant to address these issues 1944 Treaty silent on groundwater issues & both governments reluctant to address these issues Idea of Binational Cooperative Process for CR began in 2007 Idea of Binational Cooperative Process for CR began in 2007 15

16. Drought on the Colorado River

17. U.S. Actions on CR Drought Severe drought in CR system led to discussions between U.S. basin states and BOR on shortage and surplus issues Severe drought in CR system led to discussions between U.S. basin states and BOR on shortage and surplus issues Discussions led to signing of BOR Operating Criteria for the CR on 12/13/2007 Discussions led to signing of BOR Operating Criteria for the CR on 12/13/2007 Intentionally did not deal with Mexico issues but recognized need for Mexico participation Intentionally did not deal with Mexico issues but recognized need for Mexico participation Criteria EIS did include assumptions for shortage and surplus sharing by Mexico Criteria EIS did include assumptions for shortage and surplus sharing by Mexico 17

18. Alignment of U.S.-Mexico Issues 2007 Signing of BOR CR operating procedures allowed better focus on Mexico CR issues Signing of BOR CR operating procedures allowed better focus on Mexico CR issues Establishment of BCP work groups facilitated discussions on CR matters Establishment of BCP work groups facilitated discussions on CR matters Extensive dialogue through IBWC process on projects as well as shortage and surplus sharing Extensive dialogue through IBWC process on projects as well as shortage and surplus sharing Good basis established for binational cooperation Good basis established for binational cooperation 18

19. Mexico (Baja) CR System Mexicali Valley Gulf of California MEXICO CALIFORNIA ARIZONA Morelos Dam PacificOcean

20. Pressures in Mexico on CR Uses 1.5 MAF used primarily by Baja CA (some in Sonora) for both agricultural and urban uses 1.5 MAF used primarily by Baja CA (some in Sonora) for both agricultural and urban uses Similar battles as in CA between ag & urban users Similar battles as in CA between ag & urban users Recognition of restricted use based on allocation Recognition of restricted use based on allocation Continued population growth in coastal areas with very limited supplies Continued population growth in coastal areas with very limited supplies View of AAC lining and Drop 2 project as impacting CR flows to Mexico View of AAC lining and Drop 2 project as impacting CR flows to Mexico Willingness to discuss broader CR issues with U.S. Willingness to discuss broader CR issues with U.S. 20

21. Minute 316: Yuma Desalting Plant Signed May 14, 2010 Initial concerns from Mexico over U.S. intent Initial concerns from Mexico over U.S. intent First project developed under the new BCP First project developed under the new BCP Better communication by the two governments on the project issues Better communication by the two governments on the project issues More inclusion of key stakeholders from both countries More inclusion of key stakeholders from both countries Innovative funding mechanisms established in both countries to implement project Innovative funding mechanisms established in both countries to implement project A major component was funding for review of potential environmental impacts to the CR Delta A major component was funding for review of potential environmental impacts to the CR Delta Pilot project completed in March 2011 Pilot project completed in March 2011 21

22. Yuma Desalting Plant Color a Ri do ver C ad Ri ol or er v o

23. Minute 317 Signed June 17, 2010 Titled “Conceptual Framework for U.S.-Mexico Discussions on Colorado River Cooperative Actions” Titled “Conceptual Framework for U.S.-Mexico Discussions on Colorado River Cooperative Actions” Formalized Binational Cooperative Process (BCP) Formalized Binational Cooperative Process (BCP) Instituted Binational Work Groups as well as a Core Group and a Consultative Council Instituted Binational Work Groups as well as a Core Group and a Consultative Council Promoted idea of binational projects that promote water conservation and development of new water sources Promoted idea of binational projects that promote water conservation and development of new water sources Formalized the idea of addressing environmental issues as part of projects Formalized the idea of addressing environmental issues as part of projects 23

24. Minute 318 Signed 12/20/2010 Titled, “Adjustment of Delivery Schedules for Water Allotted to Mexico for the Years 2010 Through 2013 as a Result of Infrastructure Damage in Irrigation District 014, Rio Colorado, Caused by the April 2010 Earthquake in the Mexicali Valley, Baja California” Titled, “Adjustment of Delivery Schedules for Water Allotted to Mexico for the Years 2010 Through 2013 as a Result of Infrastructure Damage in Irrigation District 014, Rio Colorado, Caused by the April 2010 Earthquake in the Mexicali Valley, Baja California” Allowed Mexico to store some of its Treaty water in Lake Mead for future delivery Allowed Mexico to store some of its Treaty water in Lake Mead for future delivery Made possible by three years of intensive discussions by the two governments Made possible by three years of intensive discussions by the two governments Mexico stored 50 TAF in 2011, plans to store up to 250 TAF by 2014 Mexico stored 50 TAF in 2011, plans to store up to 250 TAF by 2014 24

25. Negotiations on Minute 319 Negotiations on Minute 319 Led by the IBWC Sections in US and Mexico Led by the IBWC Sections in US and Mexico In U.S., BOR took the lead on input from US Basin states and coordinating with IBWC In U.S., BOR took the lead on input from US Basin states and coordinating with IBWC In Mexico, IBWC coordinated with CNA In Mexico, IBWC coordinated with CNA Extensive internal US negotiations among US Basin States on key CR system operation issues Extensive internal US negotiations among US Basin States on key CR system operation issues Intense binational negotiations lasted two years Intense binational negotiations lasted two years 25

26. Components of Minute 319 Signed November 20, 2013 1. Extension of Minute 318 Measures 2. Surplus sharing criteria 3. Shortage sharing criteria 4. Intentionally Created Mexican Allocation 5.Management of Salinity Issues 6a.Water for the Environment 6b.ICMA/ICS Exchange Pilot Program 7.Binational Projects 8.Five-year term for Minute 26

27. Minute 319 Binational Projects Environmental project at Miguel Aleman site Environmental project at Miguel Aleman site Water Conservation Projects Water Conservation Projects –Alamo Canal Regulating Reservoir –Fallowing –Modernization of Irrigation District 014 Conveyance of Mexico Water via AAC Conveyance of Mexico Water via AAC New Water Sources New Water Sources –Binational Desal Plant at Rosarito –Beneficial Use of New River flows –Binational Desal Plant (Gulf of California) 27

28. Potential Binational Projects under Minute 319 AgricultureConservation Use of AAC EnvironmentalProject DesalPlant Gulf of California MEXICO CALIFORNIA ARIZONA Morelos Dam PacificOcean

29. Minute 319 Work Groups established and meeting Environmental- Work on criteria for base and pulse flows. Environmental- Work on criteria for base and pulse flows. AAC Connection- Work to design and construct connection to AAC AAC Connection- Work to design and construct connection to AAC Rosarito Desal- Continuing effort to construct desal plant in Rosarito, BC Rosarito Desal- Continuing effort to construct desal plant in Rosarito, BC Miguel Aleman- Binational site on CR for environmental remidiation Miguel Aleman- Binational site on CR for environmental remidiation

30. Minute 319 Work Groups to be established Canal Reforma- To work on ag conservation efforts in Mexicali Valley Canal Reforma- To work on ag conservation efforts in Mexicali Valley Alamo Canal- Design and build a regulating reservoir for Mexico Alamo Canal- Design and build a regulating reservoir for Mexico New River- Conceptual project to reclaim and reuse the water currently in New River New River- Conceptual project to reclaim and reuse the water currently in New River Desal in Gulf of Cortez- Long-term project to build major facility to serve both US & Mexico Desal in Gulf of Cortez- Long-term project to build major facility to serve both US & Mexico

31. Minute 319 Policy Groups Water Accounting & Operations- Binational team to exchange information on water sources and develop ideas to improve delivery Water Accounting & Operations- Binational team to exchange information on water sources and develop ideas to improve delivery Basin Conditions & Hydrology- Binational team to ensure timely information on hydrology in the CR basin Basin Conditions & Hydrology- Binational team to ensure timely information on hydrology in the CR basin

32. Minute 319- New Direction on Binational Cooperation on the CR More inclusive involvement by both governments on CR issues on a basin-wide basis More inclusive involvement by both governments on CR issues on a basin-wide basis Allows use of U.S. CR facilities by Mexico for benefit of entire basin Allows use of U.S. CR facilities by Mexico for benefit of entire basin New opportunities for binational projects to enhance water availability in both countries New opportunities for binational projects to enhance water availability in both countries Focus on environmental issues related to CR projects and programs Focus on environmental issues related to CR projects and programs 32

33. Gracias Peter Silva, PE Peter Silva, PE Silva-Silva International psilvape@yahoo.com