Policy Issue #3: Water Policy Task
Clients Gov Academic NGOs News

Task




Context: The Rio Grande River is the 3rd longest river in the U.S. It starts in the San Juan Valley before traveling 1,900 miles through Colorado, New Mexico and Texas, along the border with Mexico, before emptying into the Gulf of Mexico. Under a 1944 treaty, the United States and Mexico reached an agreement on the distribution of the water of the Rio Grande which requires Mexico to release at least 350,000 acre-feet of water annually to the U.S.

Irrigation districts and other water users in Texas claim that Mexico has been diverting water owed to them to Mexican farmers. Since 1992, Mexico has built up a water debt of 733,000 acre-feet of water that it owes to the U.S. On January 19, 2005, the irrigation districts and other water users filed a request for arbitration under the rules outlined in the North American Free Trade Agreement (NAFTA). Then, on March 10, U.S. Secretary of State, Condoleeza Rice, announced that negotiations between the U.S. and Mexico had led to a commitment from Mexico to pay off its water debt to the U.S. Texan irrigators are still pursuing their request for arbitration.


Background research report: Due Monday, April 4, 2005

Recommendations presentation: Monday, April 11, 2005

Final report (including recommendations): Due Thursday, April 14, 2005


Clients




Client for 360 Inc. and Jigsaw Consulting

The Bayview Irrigation District No. 11 and its fellow claimants are pleased they will receive water this year. However, they also believe they are owed compensation for the failure to deliver water in previous years. The Bayview Irrigation District has asked you to provide it with a fresh perspective on the water situation facing Texan and Mexican farmers. With population growing both sides of the Rio Grande, the Bayview Irrigation District is keen to start negotiations now to prevent future problems. It has asked you to provide them with relevant information and to provide recommendations.



Client for Compass Consulting Group, C.A.R.E., and Polaris

In response to the request for arbitration submitted by irrigators and other water users in Texas, President Vicente Fox of Mexico has asked you investigate the obligations of Mexico to individual irrigators in Texas. The President also recognizes that demands for water on both sides of the Rio Grande (Rio Bravo) are rising. He has asked you to provide it with a fresh perspective on the situation and how it is likely to evolve in coming years. He is particularly keen to find ways to prevent disputes between the U.S. and Mexico.



Client for Lighthouse Consulting, and Magellan Consulting

U.S. Secretary of State Condoleeza Rice is pleased that Mexico has agreed to pay off its water debt to the U.S. this year. However, her visit made her aware that demands on water from the Rio Grande are rising and she is keen to find ways to avoid future disputes between the U.S. and Mexico. She has asked you to provide her with a fresh perspective on the rights to water from the Rio Grande. In the light of the recent request for arbitration, she is particularly keen for clarification on the status of rights held by individual irrigators and by the U.S. and Mexico as states. As preparation for her next visit to Mexico, she would like your recommendations on ways to prevent future disputes with Mexico over water in the Rio Grande. She would like your advice on whether she should attempt to clarify or renegotiate aspects of the 1944 Treaty or whether the issue is one of state policy that should be dealt with in Texas.


Government
Documents



¤  International Boundary and Water Commission

¤  Dams along the Rio Grande

¤  A bill to amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (to authorize additional projects and activities under that Act, and for other purposes).

¤  Water Rights Arrangements in Australia and Overseas (.pdf)

¤  World Bank: Water rights in Mexico (.pdf)


Academic


¤ Guillermo Aguilar Alvarez & William W. Park, "The New Face of Investment Arbitration," 28 Yale Journal of International Law 365 (2003).  Article on arbitration and NAFTA chapter 11 (available in Lexis/Nexis)

¤ Market Allocation of Water

¤ Irrigation District Efficiencies and Potential Water Savings in the Lower Rio Grande Valley of Texas (.pdf)

¤ Analysis of Mexican Water Resources (U. Texas)


NGOs




¤  Rio Grande/Rio Bravo Basin Coalition

¤  Article on water conflict

¤  Water Issues in Texas

¤  Help protect the Rio Grande silvery minnow!

¤  Texas Environmental Profiles

 


News


¤  Alternative Irrigation

¤  Mexico to issue U.S. water debt payments
MEXICO CITY -- For 12 years, Mexico prayed for rain, hoping the water it owed the United States would pour from parched skies over the Rio Grande Basin.  Read the full article

¤  Boiling Point: Reservoir Wars Along the U.S.-Mexico Border

¤  Mexico is facing serious water problems

 
 


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