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[

] 182

The US-Mexico institutional arrangement

for transboundary water governance

Polioptro F. Martinez-Austria and Luis Ernesto Derbez, University of Las Americas Puebla, Mexico;

and Maria Elena Giner, Border Environment Cooperation Commission, Mexico-United States

T

he border between the United States (US) and Mexico,

as defined by both countries, spans a region of 100 km

on both sides of the border and runs 3,141 km in length

from the Pacific Ocean to the Gulf of Mexico. It comprises four

states in the US and six in Mexico. The two countries exchange

goods worth more than a US$1 billion every day.

1

The US is

the largest trading partner for Mexico, and Mexico is the third-

largest for the US. Twenty-two US states have Mexico as their

first or second export destination.

The population living along the US-Mexico border is about 13

million people, and is expected to double between 2025 and 2030.

Ninety per cent of the population reside in 15 ‘twin cities’, large

urban centres that are separated only by the border and aware that

they share a common destiny. The border region, in its entirety, is

located in one of the more arid areas in the world, with rainfall on

the west coast close to 270 mm per year on average,

and on the east coast around to 575 mm. The region is

subject to severe and frequent droughts.

2

The border between the US and Mexico shares the

extensive watersheds of two of the largest rivers in

North America: the Colorado River and the Rio Grande

(Rio Bravo in Mexico). The social development and

welfare of the inhabitants of the vast border region

of both countries depends substantially on the water

resources of these rivers.

Since the nineteenth century, relations between the

US and Mexico have been marked by challenges, and

sometimes disputes about their shared water resources.

Throughout 125 years the two countries, despite their

economic and cultural differences, have managed to

build a legal and institutional framework which has

provided governance to the management of these

shared waters, and has allowed this natural resource to

be a source of cooperation instead of conflict.

Within the extensive international legal framework

between the two countries are, of particular impor-

tance, the Treaty of 1944 Water Distribution, the

Treaty of La Paz for the Border Environment and the

parallel agreement signed in the context of the Free

Trade Agreement that created two new binational

organizations responsible, among other things, for

supporting the conservation of the environment along

the border.

The institutional arrangement between these two

countries for the management and improvement of

transboundary waters is coordinated by the US State

Department and the Ministry of Foreign Affairs of

Mexico, with the US Environmental Protection Agency

(EPA) and the Ministry of Environment and Natural

Resources of Mexico also playing an important role.

Three binational organizations play a key role related to

transboundary waters: the International Boundary and

Water Commission (IBWC), the Border Environment

Cooperation Commission (BECC) and the North

American Development Bank (NADBANK). All these

institutions have the status of international organizations,

and enjoy a high degree of operational independence.

For 123 years, IBWC has been and continues to

be responsible for the management of international

waters between the two countries, defined in the 1944

L

egal

F

ramework

at

the

N

ational

/I

nternational

L

evel

1995

2006

2010

2012

0

20

40

60

80

100

Drinking water

Urban drainage Water treatment

Growth of coverage indicators for water and sanitation services

in the Mexican border with the United States

Source: BECC