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Solutions for Sustainable Management of Transboundary Groundwater Resources between the U.S. and Mexico

The management of transboundary groundwater resources shared by the United States and Mexico is critical due to the arid conditions of the border region, which relies heavily on groundwater. However, the lack of regulatory frameworks and consensus on aquifer data exacerbates the challenges. Important agreements like the 1944 Water Treaty and IBWC's Minute 242 aim to address these issues, but significant gaps remain in water quality, usage rights, and cooperation. This discourse advocates for a robust governance framework to ensure equitable usage and sustainable management of these vital water resources.

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Solutions for Sustainable Management of Transboundary Groundwater Resources between the U.S. and Mexico

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  1. Is Anyone Searching for a Solution?: Transboundary Groundwater Resources Shared by the United States and Mexico Christina N. Tippit

  2. Why is this topic important? • U.S.-Mexico border is a generally arid region and many living there rely on groundwater due to low annual precipitation and lack of ample surface water resources • Laws regulating groundwater management on an international border are almost non-existent • No consensus on how many aquifers exist • Conflicting laws regarding groundwater in the U.S. and Mexico

  3. Important Agreements • 1944 Water Treaty • International Boundary and Water Commission’s (IBWC) Minute 242 • United States-Mexico Transboundary Aquifer Act • IBWC’s Minute 289 • La Paz Agreement http://research.utep.edu/

  4. Issues • Declining water tables • Little to no information on water quality • No uniformity in groundwater law (even among American border states) • Federal v. State Issues • No consensus on the number of transboundary groundwater resources • Gaps in data http://www.ibwc.state.gov/

  5. Recommendations • Development of an over-arching agency to oversee water quality and quantity issues among U.S. states • Equitable and reasonable use • Notification and consultation • Standardize data collection and measurements • Annual bi-national information exchange • Bi-national effort to catalog all transboundary groundwater resources

  6. Further Readings • Mumme, Stephen P., Advancing Binational Cooperation In Transboundary Aquifer Management on the U.S.-Mexico Border. 16 Colo. J. Int’l Envtl. L. & Pol’y 77, 79 (2005) • Hardberger, A., What Lies Beneath: Determining the Necessity of International Groundwater Policy Along the United States-Mexico Border and a Roadmap to an Agreement, 35 Tex. Tech L.Rev. 1212 (2004) • Gavrell RC, The elephant under the border: an argument for a new, comprehensive treaty for the transboundary waters and aquifers of the United States and Mexico. 16 Colo. J. Int’l Envtl. L. & Pol’y 189 (2005) • Transboundary Groundwaters: The Bellagio Draft Treaty. 29 Nat. Resources J. 676 (1989) • Eckstein, G. & Hardberger, A., State Practice in the Management and Allocation of Transboundary Groundwater Resources in North America. 18 Yearbook of Int'l Envt'l L. 2007 96 (2008)

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