Mexico wants U.S. to cover flood tab
Complaint seeks repairs or money; damage put at $8M
By Brady McCombs
Arizona Daily Star
Tucson, Arizona | Published: 07.24.2008

advertisementMexico has lodged a formal complaint against the United States for flood damage it claims was caused by a concrete barrier erected by the Border Patrol in a storm-water tunnel beneath Nogales.
The complaint points out how critical the issue is and asks for repairs or money for damage estimated at $8 million, said Carlos Marin, commissioner of the U.S. section of the International Boundary and Water Commission.

Marin, who was in Nogales, Ariz., on Wednesday to assess the situation, said he received the complaint letter Tuesday from the commissioner of the Mexican side of the commission, Arturo Herrera.
"There are issues that happen on the border every day, but I think this is one of the serious ones that will create a diplomatic situation between the U.S. and Mexico," said Marin, who became commissioner in September 2005.

The mayor of Nogales, Sonora, also said the concrete structure, which was 5 feet tall until being reduced to 3 1/2 feet by work crews last weekend, is on Mexican soil.

The Border Patrol put the concrete barrier in in the past year without notifying the commission.

Marin and a delegation from the U.S. side of the commission traveled to Nogales, Ariz., to evaluate whether the structure is in Mexico, what role it played in the flooding and what should be done to remedy the situation.
On Friday, a survey team from the United States, in coordination with a survey team from the Mexican side, will determine exactly where the international line is in the tunnel, Marin said. A painted yellow line that runs diagonally along the floor of the tunnel is the only marking, and that was definitely not put in by either side of the Boundary and Water Commission, he said.

Once they make the determination, they'll mark the international line with something permanent, such as a rail attached to the wall or some kind of paint to avoid having to re-certify the border again, Marin said. He didn't want to speculate if the barrier is in Mexico, but admitted it's close enough to warrant a survey.

Next week, engineers from the U.S. section of the commission will conduct a hydrological analysis to determine to what extent the barrier was blocking the water flow, he said.

Officials with the Mexican section of the commission say technical data shows the barrier reduced the flow of storm water through the tunnel by 40 percent.

But Marin said that might not be accurate.

"There are some structures on the Mexican side; there is a large pipeline in the tunnel just on the south side," Marin said. "So, what if the wall wasn't there and the pipe was there and the same thing happened? We have to analyze that situation. Of course, they want remedy and repairs, but maybe there is dual responsibility there."

The State Department is waiting for the results of the survey and analysis, Marin said.

Marin has informed the Border Patrol of the complaint, but their conversations have been minimal so far, he said.

"I think they want to get their story and facts straight before we start discussing it in serious detail," Marin said.

If Friday's survey of the international line concludes that the concrete barrier is in Mexico, officials there said they will remove it.
If it's in the United States, the commission will make a decision about whether it should be removed based on the results of the water-flow analysis, he said.

The barrier, and two gates behind it, were put in by the Border Patrol to make it more difficult for illegal immigrants and smugglers to cross through the tunnel.

But store owners along Calle Elias and Calle Internacional in Nogales, Sonora — where the brunt of the water pooled up July 12 — aren't as forgiving. Most suffered thousands of dollars in damage that night and continue to lose money each day the Morley Avenue pedestrian gate remains closed.

Stores, restaurants and clubs in the area depend heavily on the people who come and go through the pedestrian port east of the Dennis DeConcini port in downtown Nogales.

"It makes me so mad because they (Border Patrol) didn't ask permission," said Migdelina Camacho, whose family owns El Tiendita, a small general store. "They should help us because we all depend on this store."

El Tiendita lost half of its food and goods, and a car, in the flood, said sisters Migdelina and Guadalupe Camacho, whose mother owns the store. Since the flood, sales have been down by 80 percent.

"They (Border Patrol) don't worry about anything, not the people on the other side, and even less about the people on this side," said Ignacio Delgado, owner of Foto Delgado.

"This is an international wash," said Delgado. "They should consult with both the U.S. and Mexico government. And they should never put up barriers in the wash.

"The person that ordered this to be done can't be from this region," said Delgado, whose store suffered $1,400 in damage. "He must be from Alaska, I'm sure of it."
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