Active Water Resource Management in the Lower Rio Grande

1. Active Water Resource Management in the Lower Rio Grande TOOLS FOR A NEW ERA IN WATER MANAGEMENT presented by John D’Antonio, PE New Mexico State Engineer Lower Rio Grande Water Users Association 8/19/05

2. Agreement: A Need for Groundwater Administration: “ In order for junior ground-water users to continue to pump, they will have to acquire … offsets to their effect on senior water right holders through a mechanism like a Special Water Users Association (SWUA)” The Existence of Downstream Pressure: “ Texas entities have alleged that the New Mexico portion of the Project is taking more than their share and seek a larger portion of the allocation of Project supply.” Lower Rio Grande Regional Water Plan, Executive Summary, Page 4

3. Purpose of Today’s Talk • Describe the water problem in the Lower Rio Grande • Begin discussion of Alternative Administration plans • Suggestions of actions area water users can take • Requirements for approval of an Alternative Administration Plan • Begin discussions for structuring the cooperation of area water users with the State Engineer • Your thoughts and ideas • Brief description of LRG Regulations and implementation

4. What is Active Water Resource Management? • Proactive statewide program to ensure New Mexicans have a predictable water supply • Set of water management tools customized to each district • The means for keeping control of our water and protecting our water rights and our economy

5. Drought Opened Our Eyes • When drought hits, it’s too late to put tools in place to manage shortages • The supply is always variable and droughts are inevitable • Water will always be scarce in New Mexico

6. Growing Irrigation Demand Growing Municipal & Industrial Demand Competition for Water Keeps Growing • Among New Mexico users & downstream • Surface water is fully appropriated, • Groundwater and surface water are interconnected • We must ensure senior water rights are protected & accommodate needs of junior water rights holders

7. The Facts We Must Deal With • Groundwater use has increased in the LRG • Groundwater pumping for irrigation use alone may be as high as: • 50,000 -100,000 AFY in full project supply years • 200,000 - 300,000 (?) AFY in low project supply years

8. The Problem: Heavy Reliance on Groundwater While Instituting Few Controls on it • Groundwater and surface water are closely linked • Pumping reduces river flow • Surface water rights are generally senior

9. The Problem: Claims that New Mexico Groundwater Pumping is Affecting Surface Water Flows The Rio Grande Project Holds a Senior Surface Water Right

10. Risks to the State and New Mexico Water Users • Interstate stream disputes are decided by the U.S. Supreme Court • The Supreme Court could require offsets for all post-Compact groundwater pumping (as happened in Kansas v. Colorado). • Loss of the use of the aquifer as a drought reserve

11. The Governor and Legislature have Recognized the Urgent Need for Administration • Administer NOW!Law: 72-2-9.1 (2003) • “The need for water administration is urgent, compliance with interstate compacts is imperative” • Legislators have admonished the State Engineer not to let the Pecos River history repeat itself anywhere, including on the Lower Rio Grande

12. Action is needed • Improved regulation of groundwater pumping is imperative • Priority Administration is the State Engineer’s only tool to address water demand in excess of water supply • We need your cooperation on developing an alternative administration tool

13. The State Engineer Much Prefers to Administer Based on Alternative Administration Plans • Priority administration is an inflexible tool, but the only one the law provides to the State Engineer • Seniors get a full supply before juniors get any • Only seniority counts (except domestic uses) • Groundwater rights are generally junior • The burden imposed by shortages is not shared We hope water right owners will develop alternatives for managing shortages so the State Engineer can avoid strict priority administration

14. What LRGWUO Can Do First and Most Important: • Develop alternatives to priority administration • Set up cooperative agreements for shortage sharing • Strengthen water leasing mechanisms -- implement Special Water Users Associations • Develop alternative methods to ensure seniors are kept whole • Other measures . . ?

15. What LRGWUO Can Do In addition: • Participate in developing district-specific regulations • As you requested, you will have an exclusive opportunity to review our first draft • At least two drafts will follow

16. Benefits of Your Participation • Alternative Administration means: local solutions to maintain local control • Minimize impacts on local economy that would result from priority administration • More certainty and steadiness of supply • Ensure that the State Engineer’s district-specific regulations are workable and fair

17. Concurrently:The State Engineer is preparing and will promulgate District Specific Regulations that will provide for both priority administration and allow for the implementation of alternative administration

18. We Are Taking it Step by Step

19. State Engineer Tools • Requirement for Meter installation for all wells (except domestic) • Declaration of water master district • Appointment of water master • Enforcement against illegal uses • Promulgation of district-specific regulations • Curtailment of over-diversions • Administration by priority date as necessary (unless an acceptable alternative is agreed to by local users)

20. The State Engineer does not intend to oversee or regulate EBID’s distribution of surface water to farmers “ That is EBID’s responsibility by law, and I have no intention of duplicating that responsibility.” --John D’Antonio Jr., February 2, 2005

21. We Encourage Your Participation • My staff is available to work with you on developing workable alternative administration plans • We pledge to provide ample opportunity for you to review and provide input on the District Specific Regulations • The time to start working together is NOW