Dip into Cantina tonight for the gala opening of No Swimming Until Further Notice, the most recent exhibit of documentary photography by SF local Emily Payne.
In January, the now-defunct New College of California School of Law's still-quite-funked Environmental Law Caucus trekked down to the Colorado River Delta to plant trees and help build an eco-park. Full disclosure - I was on this trip, and while we planted an impressive number of cottonwood and willow stakes, due to Mexico's unpredictable social climate I was left with the distinct impression that we would be lucky if any of the trees we planted survived until next year's visit. Luckily, we dragged Ms. Payne along with us to chronicle our work in case everything dies. Again. She captured the Colorado River Delta and Rio Hardy at a unique moment, the first time in twenty years that vacationers were advised not to swim in the waters. Algae blooms, caused by improperly treated waste-water, were asphyxiating fish. Anyone want a dead-fish-and-feces cocktail?
Along with work, Ms. Payne also chronicled our play. But you don't get to see those photos unless you come to the opening reception, baby. --Alex Brant-Zawadzki
No Swimming Until Further Notice - Opening Reception
Thursday, April 3, 2008, 6:00pm - 10:00pm
Cantina, 580 Sutter St., San Francisco
This is a disgraceful situation occurring at the primary fresh water inet to the Sea of Cortez. and the USA is directly responsible for the damage described in your letter. Lots of harm has also been done to the Sea of Cortes because of the same reason, which is the violation by the USA of the written promise it made in the treaty of 1944 regarding the river.
The treaty promise of the USA was that 1,400,000 acre feet per year of Colorado River water would always make it to Mexico, otherwise the USA promised it would reduce its own diversions by the same amount. Wihout researching the history of the treaty, it is a lawyerly guess that the USA wanted to get the Mexicans to give up any right that Mexico had to the entire flow of the river under the water law rule of "first in time, first in right". The fact is that all the Colorado River water before the date of that treaty had flowed straight to the Sea of Cortez.
The USA promise was that every year 1,400,000 acre feet of the flow of the Colorado River would be allowed to continue flowing toward Mexico. A treaty obligation, among nations who are not outlaw nations, is binding. The promises are fully enforceable by one sovereign nation against the other and by UN or other international sanction. In history a flagrant treaty violation such as this one, regarding an issue of such importance, has often resulted in a declaration of war.
MEXICO!
DEMAND YOUR LEGAL RIGHT TO 1,400,000 AF PER YEAR OF EL RIO COLORADO!
Note: Keep in mind that according the the US Supreme Court "Winters Doctrine" of about 1904 that the Navajos and other indigenous tribes of the river have never given up any of their reserved right to the full flow of the Colorado. Mexico had apparently attempted to be a good neighbor and give up all but 1,4000,000 AF to the USA in 1944, and now USA is taking the entire flow.
Peter Amschel
Water Lawyer
Posted at: April 9, 2008 3:43 AM