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

2. 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

3. Purpose of Today’s 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

4. 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

5. Drought Opened Our Eyes
When drought hits, it’s 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

6. 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
Growing Municipal
& Industrial Demand
Growing Irrigation Demand

7. 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 AFY in full project supply years
200, ,000 (?) AFY in low project supply years

8. 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

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

10. 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

11. The Governor and Legislature have Recognized the Urgent Need for Administration
Administer NOW! Law: (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

12. Action is needed
Improved regulation of groundwater pumping is imperative
Priority Administration is the State Engineer’s only tool to address water demand in excess of water supply
We need your cooperation on developing an alternative administration tool

13. 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

14. 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 . . ?

15. 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

16. 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 Engineer’s district-specific regulations are workable and fair

17. 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

18. We Are Taking it Step by Step

19. 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)

20. The State Engineer does not intend to oversee or regulate EBID’s distribution of surface water to farmers
“ That is EBID’s responsibility by law, and I have no intention of duplicating that responsibility.”
--John D’Antonio Jr., February 2, 2005

21. 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