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Special Water Users Associations in Southern New Mexico

Special Water Users Associations in Southern New Mexico. Tuesday, September 16, 2014 Elephant Butte Irrigation District. Motivation for SWUAs. Conjunctively manage surface water and groundwater to maximize beneficial use in New Mexico Maintain hydrologic health of the Lower Rio Grande (LRG)

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Special Water Users Associations in Southern New Mexico

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  1. Special Water Users Associations in Southern New Mexico Tuesday, September 16, 2014 Elephant Butte Irrigation District

  2. Motivation for SWUAs • Conjunctively manage surface water and groundwater to maximize beneficial use in New Mexico • Maintain hydrologic health of the Lower Rio Grande (LRG) • Protect senior water rights from impairment • Streamline administrative process for transfers

  3. Water Use by Sector in LRG 97 percent of LRG water use is irrigation or public water systems

  4. Caballo Release ET Precip Conveyance System Diversion Bypass (spill) Delivery Irrigated Land ET Precip Atmosphere Rio Grande Pumping Deep Percolation Seepage Imported Water Exported Water Groundwater Seepage Exfiltration M&I Users Bypass (spill) Pumping Drainage Deep Perc. Drain Flows Discharges Return Pumping Deep Percolation ET Precip Non-irrigated Land Storm Flow Rio Grande at El Paso Surface Water-Groundwater Interaction in the LRG

  5. Diversion/Conveyance Crop Water Use Irrigation Canal Field Drain Seepage Rio Grande Drainage Return Flow Well Groundwater Hydrologic Cycle

  6. Foundations for SWUAs • Developed by EBID, City of Las Cruces, and the State Engineer • EBID Policy 2003-GA8, approved November 19, 2003 • 73-10-48 NMSA, approved July 1, 2003

  7. Who Can Form SWUAs? • Municipalities • Counties • State Universities • Member-owned community systems • Public utilities • Interstate Stream Commission

  8. SWUAs • Allow entity to use surface water for M&I and other uses within District boundaries • Ownership of Project Water rights • Purchase water righted land • Lease of Project Water rights • Establish lease of water righted land • Transfer of Project Water • As per polices and guidelines of EBID

  9. SWUA Details • Assessed as EBID constituents • Share pro rata in shortages • Surface water rights maintain EBID’s 1906 priority date • SWUA must lease all of the water from a parcel; land must be fallowed • Special Combined Unit: Small tracts (<2 acres) can be consolidated and treated as farm tract for ordering and billing • Maintained as Ag use until demand for direct M&I use develops

  10. Total Allotment Agricultural Users Agricultural Water Used Conservation Pool Existing System of Annual Water Transfers

  11. Structure for Transfers of Water to Special Water Users Associations Total Allotment Leases: Parties Negotiate Price Agricultural Users SWUA Agricultural Water Used Municipal Water (SWTP) Agricultural Pool Conservation Pool: Municipal Pool

  12. Inside EBID boundary. Can be Acquired by SWUA or Leased by SWUA Outside EBID Boundary: Not eligible for EBID water rights or delivery City of Las Cruces Service Area

  13. Inside EBID boundary. Move From Inside EBID Boundary: Move to SWUA Transfer Process

  14. Stop deny deny OSE decision OSE publishes notice, answers objections OSE OK OK EBID Board OK SWUA deny Stop SWUA Formation Process Eligible entity applies to OSE Eligible entity applies to EBID

  15. OSE deny Stop or appeal SWUA expedited water transfer process under §73-10-48(G) Application contains an error Stop or appeal Reapply to OSE deny OSE decision SWUA applies to OSE Under §73-10-48(H) OSE publishes notice, answers objections OK Approved Application To EBID Transfer Process Initiated OK

  16. Current Status of Active Water Resource Management (AWRM) • State-wide regulations finalized • Metering order issued for all groundwater diversions in LRG except single domestic wells • State is developing draft basin-specific regulations for LRG to be released for review by LRGWUO in July • LRGWUO directed technical committee to develop alternative administrative plan

  17. Relationship of SWUAs to AWRM • SWUAs provide an alternative to strict priority administration • SWUAs allow junior users to move up in seniority/priority • Common priority date among EBID SWUAs and irrigators create pro rata sharing of shortages • Market-driven process • Voluntary participation by buyer/seller, lessor/leasee

  18. Advantages of Alternative AWRM Regulations • Local knowledge, understanding, and input • Collaborative rather than adversarial relationship with State • Infinitely many more options than OSE has • SWUA implementation • Direct constituent interaction

  19. Ongoing Processes • SWUA authorization – City of Las Cruces and Doña Ana MDWCA in process with State Engineer • Other MDWCAs expected to apply • AWRM basin-specific regulations being prepared by State • AWRM alternative basin-specific regulations using SWUAs being prepared by LRGWUO

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