Special Water Users Associations in Southern New Mexico Sunday, January 03, 2016 Elephant Butte Irrigation District

Motivation for SWUAs  Conjunctively manage surface water and groundwater to maximize beneficial use in New Mexico  Maintain hydrologic health of the Lower Rio Grande (LRG)  Protect senior water rights from impairment  Streamline administrative process for transfers

Water Use by Sector in LRG 97 percent of LRG water use is irrigation or public water systems

Caballo Conveyance System Irrigated Land Groundwater Drain Flows Atmosphere Seepage Exfiltration Pumping Return Diversion Bypass (spill) Delivery Deep Percolation Storm Flow Bypass (spill) Seepage Release Rio Grande M&I Users Pumping Deep Perc. Discharges Imported Water Exported Water Non-irrigated Land Rio Grande at El Paso Pumping Deep Percolation ET Precip ET Precip Drainage ET Precip Surface Water-Groundwater Interaction in the LRG

Groundwater Diversion/Conveyance Drainage ReturnFlow Seepage Well CropWaterUse Irrigation CanalField Drain RioGrande Hydrologic Cycle

Foundations for SWUAs  Developed by EBID, City of Las Cruces, and the State Engineer  EBID Policy 2003-GA8, approved November 19, 2003  NMSA, approved July 1, 2003

Who Can Form SWUAs?  Municipalities  Counties  State Universities  Member-owned community systems  Public utilities  Interstate Stream Commission

SWUAs  Allow entity to use surface water for M&I and other uses within District boundaries Ownership of Project Water rights  Purchase water righted land Lease of Project Water rights  Establish lease of water righted land Transfer of Project Water  As per polices and guidelines of EBID

SWUA Details  Assessed as EBID constituents  Share pro rata in shortages  Surface water rights maintain EBID’s 1906 priority date  SWUA must lease all of the water from a parcel; land must be fallowed  Special Combined Unit: Small tracts (<2 acres) can be consolidated and treated as farm tract for ordering and billing  Maintained as Ag use until demand for direct M&I use develops

Existing System of Annual Water Transfers Total Allotment Agricultural Users Conservation Pool Agricultural Water Used

Structure for Transfers of Water to Special Water Users Associations Total Allotmen t Agricultural Users SWUA Agricultural Pool Municipal Pool Agricultural Water Used Municipal Water (SWTP) Conservation Pool: Leases: Parties Negotiate Price

Outside EBID Boundary: Not eligible for EBID water rights or delivery Inside EBID boundary. Can be Acquired by SWUA or Leased by SWUA City of Las Cruces Service Area

SWUA Transfer Process Inside EBID boundary. Move From Inside EBID Boundary: Move to

SWUA Formation Process Eligible entity applies to OSE OSE OSE publishes notice, answers objections OK OSE decision deny Stop deny EBID Board Stop deny Eligible entity applies to EBID SWUA OK

SWUA expedited water transfer process under § (G) SWUA applies to OSE Under § (H) OSE OSE publishes notice, answers objections OK OSE decision Application contains an error deny Stop or appeal deny Transfer Process Initiated OK Reapply to OSE Stop or appeal Application To EBID Approved

Current Status of Active Water Resource Management (AWRM)  State-wide regulations finalized  Metering order issued for all groundwater diversions in LRG except single domestic wells  State is developing draft basin-specific regulations for LRG to be released for review by LRGWUO in July  LRGWUO directed technical committee to develop alternative administrative plan

Relationship of SWUAs to AWRM  SWUAs provide an alternative to strict priority administration SWUAs allow junior users to move up in seniority/priority Common priority date among EBID SWUAs and irrigators create pro rata sharing of shortages  Market-driven process Voluntary participation by buyer/seller, lessor/leasee

Advantages of Alternative AWRM Regulations  Local knowledge, understanding, and input  Collaborative rather than adversarial relationship with State  Infinitely many more options than OSE has  SWUA implementation  Direct constituent interaction

Ongoing Processes  SWUA authorization – City of Las Cruces and Doña Ana MDWCA in process with State Engineer  Other MDWCAs expected to apply  AWRM basin-specific regulations being prepared by State  AWRM alternative basin-specific regulations using SWUAs being prepared by LRGWUO