Active Water Resource Management in the Lower Rio Grande

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

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Purpose of Todays 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

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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

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Drought Opened Our Eyes

• When drought hits, its 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

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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

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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

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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

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

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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

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Action is needed

• Improved regulation of groundwater pumping is
  imperative
• Priority Administration is the State Engineers
  only tool to address water demand in excess of
  water supply
• We need your cooperation on developing an
  alternative administration tool

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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
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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 . . ?

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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

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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 Engineers
  district-specific regulations are workable and
  fair

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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
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We Are Taking it Step by Step
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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)

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The State Engineer does not intend to oversee or
regulate EBIDs distribution of surface water to
farmers

• That is EBIDs responsibility by law, and I
  have no intention of duplicating that
  responsibility.
• --John DAntonio Jr., February 2, 2005

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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