Tuesday, August 31, 2004
By Jim Vertuno, Associated Press
AUSTIN, Texas — A group of Rio Grande Valley irrigators and farmers is
seeking $500 million from Mexico for crop loss and other damages the group
says were caused by that country's failure to comply with a water-sharing
treaty.
Seventeen irrigation districts, a water supply company, and 29 individual
farmers notified Mexican officials recently of the claim under the North
American Free Trade Agreement (NAFTA), signed among the United States, Canada,
and Mexico and took effect in 1994.
"We want to be a good neighbor to those people. It's hard to do when
you're losing money," said citrus farmer Jimmie Steidinger, who estimated
he's lost about $200,000 over the last decade and can't farm all his land
because of a lack of water.
The 1944 water-sharing treaty requires Mexico to send the United States an
average of 350,000 acre-feet of water annually from six Rio Grande
tributaries. The United States in return must send Mexico 1.5 million acre
feet from the Colorado River. An acre-foot is 326,000 gallons, enough water to
flood an acre of land a foot deep.
Mexico has owed water for the past decade. By 2002, Rio Grande farmers were
going out of business and municipal water supplies were running low while
Mexican produce flowed into the state.
While Mexico agreed to several partial payments and has reduced some of its
water debt, those taking the legal action think the government hasn't pushed
enough. The farmers want up to $500 million for damages of lost crops and
sales incurred from 1992 to 2002. The claim was calculated by a Texas A&M
University economist.
"I've seen the abandoned fields and the reduced crop yields," said
Jo Jo White, a spokesman for the farmers and water districts. "This was
man-made. Not an act of Mother Nature."
Attorneys for the group said they sent paperwork Friday to Mexican officials,
giving them 90 days to pay the claim or submit to arbitration.
The Mexican government sharply criticized the claim, saying it could cause
problems for bilateral cooperation on the issue.
"Any claim that there could have been some damage to U.S. farmers is
unfounded, given that (Mexico's) average water payments have been greater than
those called for in the treaty," said Juan Bosco Marti, the Foreign
Relations Ministry's director for North American Affairs.
Abundant rains in 2003 and 2004 largely replenished South Texas' two Rio
Grande reservoirs and allowed Mexico to reduce its water debt from 1.5 million
acre-feet to less than 800,000 acre-feet.
Nancie Marzulla, an attorney representing the Rio Grande Valley water
interests, said the claim falls under a NAFTA provision requiring countries to
compensate for taken property and forbids discriminatory treatment of foreign
investors. She said the same NAFTA provision has been used for damage claims
two dozen times in the history of the trade agreement, with claims against
Mexico, the United States, and Canada.
Source: Associated Press