New Mexico Interstate Stream Commission: Priorities for 2012 Amy I. Haas General Counsel January 12, 2012

Interstate Stream Commission-Statutory Authority, § 72-14-3 To do any and all things to protect, conserve and develop the waters and stream systems of the state, including interstate waters. Enforcement of obligations and entitlements under 8 interstate stream compacts Negotiate with other states to settle interstate stream controversies Investigate and develop the water supplies of the state

Interstate Stream Commission membership By statute, 8 members appointed by Governor and 9th (Secretary) is State Engineer Jim Dunlap, Chairman Scott Verhines, Secretary (State Engineer) Buford Harris Blane Sanchez Mark Sanchez James Wilcox Randal Crowder Phelps Anderson Vacant

Middle Rio Grande Ongoing Section 7 consultation to develop a new Biological Opinion by 2013 Two Biological Assessments: Draft-BOR, Final –COE MRG ESA Collaborative Program move to become a Recovery Implementation Plan (RIP) March 2012—deadline for decision on RIP

Lower Rio Grande Historic Rio Grande Project operations 2008 Operating Agreement: US, EBID and EP#1 August 2011: NM (AGO) sues the US (BOR) MRGCD and City of Las Cruces –motions to intervene on behalf of NM State moves to join EBID and EP #1 as Party Defendants Memorandum of Agreement between ISC and AGO for technical/legal support on the litigation.

Pecos River Pecos Settlement Agreement -Executed in March 2003 -Implemented in June 2009 conditions precedent satisfied Water rts purchased, well fields/pipelines constructed ISC pumping begins in March 2011 2011 one of driest years on record ESA: intermittent drying in 2011, challenges for shiner Pecos River Compact 99,600 AF credit with Tx No danger of net shortfall in the new few years

Gila River Arizona Water Settlements Act of 2004: 14,000 afa and $66 to $128 Million Money to be used for New Mexico Unit or other water utilization alternative Two-tiered evaluation process underway Evaluation panel is on schedule for Tier 2 review and scoring (January 18, 2012) New Mexico Unit Fund established during 2011 regular legislative session ESA-proposed relisting of spikedace and loach minnow as endangered species and designation of critical habitat for both

Canadian River/Ute Reservoir March 2009: federal authorizing legislation for construction of Ute Pipeline Project Ute Pipeline: up to 16,500 afa water delivered from Ute Reservoir (ISC owned, operated) to Eastern NM communities Problem? No federal $$$ for Ute Pipeline ISC continues to implement Shoreline Management Plan and Memorandum of Agreement between State Parks, Game&Fish and ISC ESA: ongoing discussions with USFWS regarding permit to monitor the threatened Arkansas River shiner

Colorado River Upper Colorado River Basin Compact: 11.25 % to NM Colorado River Compact (7.5 MAF) v. 2007 Hydrologic Determination (5.76 MAF) Minute 319: Ongoing binational negotiations over Mexico sharing of Colorado shortages & surplus Curtailment: Development of policies re: overuse under Article 4 of the UCRB Compact Navajo Settlement: ISC administering state cost share obligations for Project (agreements). Recent request of $8.8 M credit for state funds spent on Project.

Indian Water Rights Settlement Fund, §§ 72-1-11, -12 2005 statute: creates fund to ensure sufficient funding to satisfy state’s cost share obligations for federally-authorized Indian water rights settlements Currently 3 authorized settlements: Navajo, Aamodt and Taos (Abeyta) Recent certification: $15 M bond sale (STB) appropriated during 2011 special session. $5 M will go to Navajo Settlement Recent Fund disbursements: $8.6 M for Navajo