Mexican - United States Shared Groundwater: Can It Be Managed?

By Mary Keheler

To effectively manage transboundary groundwater, cooperation among nations is essential. At the time of the note, there is no general agreement about the water along the 2000-mile border between the United States and Mexico. As regional development continues, competition for groundwater at a number of areas along the boundary could become an issue. Progress in this area has been slow. Most proposals call for a treaty or agreement that establishes an international agency with jurisdiction to manage transboundary groundwater supplies. The author discusses the need for a groundwater treaty and then focuses on the question about whether the International Boundary Water Commission (IBWC) is the most logical agency to manage the shared groundwater. Next, the note examines current laws concerning transboundary groundwater and reviews the characteristics of the IBWC that qualify it as the managing agency, as well as identifying the possible legal and practical obstacles to giving this authority to the IBWC. The author concludes by noting that until the current transboundary management proposals are supplemented by executive and legislative resolutions and an increased understanding of the public interest, the status quo will remain.