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LEGAL FRAMEWORK AT THE NATIONAL/INTERNATIONAL LEVELThe US-Mexico institutional arrangementfor transboundary water governancePolioptro F. Martinez-Austria and Luis Ernesto Derbez, University of Las Americas Puebla, Mexico;and Maria Elena Giner, Border Environment Cooperation Commission, Mexico-United StatesThe border between the United States (US) and Mexico,as defined by both countries, spans a region of 100 kmon both sides of the border and runs 3,141 km in lengthfrom the Pacific Ocean to the Gulf of Mexico. It comprises fourstates in the US and six in Mexico. The two countries exchangegoods worth more than a US$1 billion every day. 1 The US isthe largest trading partner for Mexico, and Mexico is the thirdlargestfor the US. Twenty-two US states have Mexico as theirfirst or second export destination.The population living along the US-Mexico border is about 13million people, and is expected to double between 2025 and 2030.Ninety per cent of the population reside in 15 ‘twin cities’, largeurban centres that are separated only by the border and aware thatthey share a common destiny. The border region, in its entirety, islocated in one of the more arid areas in the world, with rainfall onGrowth of coverage indicators for water and sanitation servicesin the Mexican border with the United States100806040200Source: BECCDrinking water Urban drainage Water treatment1995 2006 2010 2012the west coast close to 270 mm per year on average,and on the east coast around to 575 mm. The region issubject to severe and frequent droughts. 2The border between the US and Mexico shares theextensive watersheds of two of the largest rivers inNorth America: the Colorado River and the Rio Grande(Rio Bravo in Mexico). The social development andwelfare of the inhabitants of the vast border regionof both countries depends substantially on the waterresources of these rivers.Since the nineteenth century, relations between theUS and Mexico have been marked by challenges, andsometimes disputes about their shared water resources.Throughout 125 years the two countries, despite theireconomic and cultural differences, have managed tobuild a legal and institutional framework which hasprovided governance to the management of theseshared waters, and has allowed this natural resource tobe a source of cooperation instead of conflict.Within the extensive international legal frameworkbetween the two countries are, of particular importance,the Treaty of 1944 Water Distribution, theTreaty of La Paz for the Border Environment and theparallel agreement signed in the context of the FreeTrade Agreement that created two new binationalorganizations responsible, among other things, forsupporting the conservation of the environment alongthe border.The institutional arrangement between these twocountries for the management and improvement oftransboundary waters is coordinated by the US StateDepartment and the Ministry of Foreign Affairs ofMexico, with the US Environmental Protection Agency(EPA) and the Ministry of Environment and NaturalResources of Mexico also playing an important role.Three binational organizations play a key role related totransboundary waters: the International Boundary andWater Commission (IBWC), the Border EnvironmentCooperation Commission (BECC) and the NorthAmerican Development Bank (NADBANK). All theseinstitutions have the status of international organizations,and enjoy a high degree of operational independence.For 123 years, IBWC has been and continues tobe responsible for the management of internationalwaters between the two countries, defined in the 1944[ 182 ]