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Task
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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
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Clients

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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.
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Government
Documents
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¤ 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)
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Academic
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¤ 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)
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NGOs
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¤ Rio Grande/Rio Bravo Basin Coalition
¤ Article
on water conflict
¤ Water Issues in
Texas
¤ Help
protect the Rio Grande silvery minnow!
¤ Texas
Environmental Profiles
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News
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¤ 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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