Water Administration and Law in New Mexico

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Water Administration and Law in New Mexico

• Border Governors
• October 21, 2005

Marilyn C. OLeary Utton Transboundary Resources
Center University of New Mexico School of Law
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New Mexico Water Law Basics

• Prior Appropriation
• Surface Water
• Ground Water
• Conjunctive management

• Water is a property right
• First in Time First in Right
• Beneficial use

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Dual Aspect

• Private use
• Public right
• All water belongs to the state and is subject to
  appropriation for beneficial use
• Is a use right that is a property right

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Beneficial Use

• Beneficial Use is the Basis, the Measure, and the
  Limit of water rights in the West.
• The Basis A water right is based on when and how
  much water is first put to beneficial use.

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Beneficial Use (contd)

• The Measure The amount of water of the right is
  determined by the amount put to beneficial use.

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• New Mexico water administration is partly
  administrative (state engineer) and partly
  judicial (adjudications)

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Water management structures that have evolved in
New Mexico

• Acequias
• Conservancy Districts and Irrigation Districts
• New Mexico Office of the State Engineer
• Interstate Stream Commission
• Interstate Compacts
• National legislation ESA, CWA, NEPA
• Tribal Waters
• Water Markets

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Office of the State Engineer

• Engineer
• Appointed by the Governor
• Administers water rights
• surface water
• groundwater 

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ACEQUIAS
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Ground water

• Declared basin
• Reasonably ascertainable boundaries
• Overdraft issues
• 7 binational aquifers, 4 subject to
  administration by State Engineer

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Surface water

• 8 Interstate compacts
• 2 international implications
• Rio Grande
• Colorado

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Interstate Compacts

• Like a treaty between states.
• Control the quantity of water coming into and
  leaving the state.
• New Mexico is a party to 8 interstate compacts.
• The Rio Grande Compact, The Pecos River Compact
  and the Colorado River Compacts are the most
  significant.

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Interstate Compacts (contd.)

• Rio Grande Compact
• Colorado, New Mexico, Texas
• Colorado delivers at Otawi gage
• New Mexico delivers at Elephant Butte
• Storage and delivery issues
• Effect on recreation and fish

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Interstate Compacts (contd.)

• The Colorado River Compacts
• The City of Albuquerque owns 48,200 acre feet of
  the San Juan-Chama water.
• Constructing infrastructure to divert, filter,
  and deliver water from the Rio Grande.
• Project includes an inflatable, adjustable-height
  dam which filters-out fish and diverts San
  Juan-Chama water from the Rio Grande, and miles
  of underground delivery infrastructure.
• Expected completion - 2007.

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Interstate Compacts (contd.)

• Pecos River Compact - Texas and N.M.
• Signed in 1948.
• New Mexico failed to meet its delivery
  obligations.
• Texas sued New Mexico.
• Court orders New Mexico to repay Texas in water.

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National Legislation

• National Environmental Policy Act (NEPA)
• Endangered Species Act (ESA)
• Environmental Protection Agency regulations (EPA
  regs.)
• Safe Drinking Water Act
• Clean Water Act

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NM Environment Department

• Sets water quality standards
• Surface, ground, and drinking water
• NM Environmental Improvement Board
• NM Water Quality Control Commission

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Programs and Initiatives

• Paso del Norte TF NGO
• NM, Chih. Tx.
• SWCERP NGO
• Ground water quality
• Socioeconomic conditions
• Along border

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State

• Water Trust Board
• Grants for water projects
• NM Border Health Council
• NM Chihuahua Border Commission
• Water Table

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Federal

• IBWC
• Implements treaties and minutes
• Provides funding for assessment studies
• BECC, NADBank, Border 2012
• Good Neighbor Environmental Board
• Gov. Richardson interested in state and local
  initiatives

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Issues

• Mimbres Valley Basin
• Palomas, Columbus
• Large transnational aquifer
• Good candidate for binational cooperation
• Local effort
• Water quality and infrastructure concerns

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Issues

• Transboundary Aquifer Assessment Act
• Purpose
• To understand hydrogeology of transboundary
  aquifers
• Priority aquifers in NM
• Hueco Bolson and Mesilla

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Cooperative efforts

• Border aquifer map
• Data sharing
• Sandia National Labs water portal
• Bingaman bill

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Water Markets

• There is a market in water rights.
• Seen as a way to reallocate water.
• Water banks exist.

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