Seeking Secure Water in your hometown How to promote water sustainability with the power of persuasion, politics, and law By River Source, January 2011

by River Source Where does you water come from & where does it go The SUPPLY Groundwater Surface water The WASTEWATER Septic tanks Wastewater treatment plans

by River Source Groundwater drilling and pumping Has not been regulated in New Mexico – but is getting more attention now

by River Source Subsurface Water Flow Local geology may have high hydraulic conductivity (the ease with which soil can transmit water) –sands and gravels have a higher ability to move water than clay because sands and gravels are more porous.

by River Source Threats (continued) 2. Non-point source pollution - pollution caused by rainfall moving over and through the ground, picking up natural and man made pollutants depositing them into our coastal and ground waters. Examples: Storm water, poorly managed livestock grazing, fertilizers.

by River Source

Threats (continued) 3. Industrial/private sector development of land and water unsustainably Energy production causes water pollution through airborne deposition West Mesa development demands that water be taken out of agriculture, water that may not actually exist in dry years.

by River Source Air pollution from four corners power plant affects NM water

by River Source Sprawl that follows few natural patterns

by River Source Threats (continued) 4. Commodification of water - Turning water into something that can be bought, sold, or traded rather than water being a public good whose benefits get consumed by all regardless of ability to pay. Non-market values (ceremonial uses of water or public health, for example), don’t get represented well in market decisions.

by River Source Water Law– What are the rules? The Clean Water Act 1.Set water quality standards to define clean vs. dirty water; 2.Monitor the quality of water to ensure standards are met; 3.Require a permit specifying the type and amount of the pollutant(s) from point source polluters (factories & waste water treatment plants); 4.Build sewage treatment plants to eliminate the discharge of raw sewage into water bodies; and 5.Develop plans to control pollution from sources that are spread widely or are hard to pinpoint (non-point source pollution).

by River Source Clean Water Act Key Elements Water Quality Standards –Designated Uses: how water is used –Water Quality Criteria: chemical, biological, and physical conditions necessary to protect designated uses –Antidegradation Policy: Policy to prevent high quality waters from polluted unless there is social or economic justification. San Juan River, Northwestern NM.

by River Source Tribes may get “Treatment as a State” Sovereignty – Tribes, like the state of New Mexico, can have own water quality programs. Examples include Taos, Picuris, Sandia and other pueblos. Tribal standards can exceed federal & state standards. Impact on protecting water quality can be huge. Isleta and Sandia Pueblo have fought for and secured improvements in wastewater treatment from big cities and industries.

by River Source Laws for Water Supply Prior Appropriation in New Mexico –First come, first served – Use it (for beneficial use) or Lose It –Diversion and record keeping requirements Priority dates and making a priority call - Senior water right holders have priority - Junior water must reduce use first

by River Source Tribes Assert Oldest Rights Tribes and farmers have the best Paper, but weakest Wet water rights It’s more complex today to build water infrastructure than what people had to face in the past (i.e., Endangered Species Act) Oldest rights get threatened by unregulated development of groundwater wells.

by River Source Turning Paper Water Rights into Wet Water Do you go to Court or Settle? Adjudicate (go to court) = have a judge decide how much water each person gets and determine the priority date. May require lengthy hearings of evidence and significant legal cost. Settle = water rights holders write their own rules for sharing water rather than paying for lawyers to make case and waiting for court judgement.

by River Source Who is involved in Water Quantity Rules? Federal government Holder of tribal “Reserved” water rights Bureau of Reclamation & Army Corps of Engineers build dikes, maintain canals Tribal governments Governor’s office & Environment Departments State Government Office of the State Engineer (headed by John D’Antonio)

by River Source Who is involved in Water Quantity Acequia associations: Middle Rio Grande Conservation District and defunct by reviving acequias Local governments Us people: How we pay for, use water, recycle or dispose of wastewater Regional water councils, watershed groups, non-profits

by River Source Who is involved in making Water Quality Rules? Federal government: President’s Council on Environmental Quality Environment Protection Agency Tribes: Governor’s office & Environment Departments State government: Governor Richardson New Mexico Environment Department (Surface Water Quality Bureau headed by Marcy Leavitt Water Quality Control Commission New Mexico State Legislature

by River Source Who is involved in Water Quality (continued) Local governments: Land use regulation Stormwater management Municipal waste water management Large landowners, industries & other individuals Us people : How we buy, use, and dispose of materials, land and water Multi-party groups: Regional water councils, watershed groups, non-profits

by River Source Legislation – Water Issues This Year’s Legislature may focus on water-related issues such as: Amendments of the Water Quality Act Development of the Gila River Oil and Gas Accountability Program HB 40  Clarification on mine reclamation jurisdiction

by River Source What you can do? Know where your water comes from and where is gets disposed. Use the law to protect special places and water sources. Build a shared vision for a secure water future and the capacity to obtain it. Go to the state legislature to protect water quality and quantity.

by River Source Common Water Issues Across the Globe Who owns water? Should anyone? Should it be privatized? Some Basic Water Principles and Policies 1. Water belongs to the earth and all its species. 2. Water should be left where it is wherever possible. 3. Water is best protected in natural watersheds. 4. An adequate supply of clean water is a basic human right. Principles from Blue Gold: The Global Water Crisis and the Commodification of the World’s Water Supply by Maude Barlow (1999)