1. Water Administration and Law in New Mexico Border Governors October 21, 2005 Marilyn C. O’Leary Utton Transboundary Resources Center University of New Mexico School of Law

2. New Mexico Water Law Basics Prior Appropriation Surface Water Ground Water Conjunctive management Water is a property right First in Time = First in Right Beneficial use

3. Dual Aspect Private use Public right –All water belongs to the state and is subject to appropriation for beneficial use Is a use right that is a property right

4. Beneficial Use Beneficial Use is the Basis, the Measure, and the Limit of water rights in the West. –The Basis: A water right is based on when and how much water is first put to beneficial use.

5. Beneficial Use (cont’d) –The Measure: The amount of water of the right is determined by the amount put to beneficial use.

6. New Mexico water administration is partly administrative (state engineer) and partly judicial (adjudications)

7. Water management structures that have evolved in New Mexico Acequias Conservancy Districts and Irrigation Districts New Mexico Office of the State Engineer Interstate Stream Commission Interstate Compacts National legislation – ESA, CWA, NEPA Tribal Waters Water Markets

8. Office of the State Engineer Engineer Appointed by the Governor Administers water rights –surface water –groundwater

9. ACEQUIAS

10. Ground water Declared basin –Reasonably ascertainable boundaries Overdraft issues 7 binational aquifers, 4 subject to administration by State Engineer

11. Surface water 8 Interstate compacts 2 international implications –Rio Grande –Colorado

12. Interstate Compacts Like a treaty between states. Control the quantity of water coming into and leaving the state. New Mexico is a party to 8 interstate compacts. The Rio Grande Compact, The Pecos River Compact and the Colorado River Compacts are the most significant.

14. Interstate Compacts (cont’d.) Rio Grande Compact –Colorado, New Mexico, Texas –Colorado delivers at Otawi gage –New Mexico delivers at Elephant Butte Storage and delivery issues Effect on recreation and fish

15. Interstate Compacts (cont’d.): The Colorado River Compacts –The City of Albuquerque owns 48,200 acre feet of the San Juan-Chama water. Constructing infrastructure to divert, filter, and deliver water from the Rio Grande. Project includes an inflatable, adjustable-height dam which filters-out fish and diverts San Juan-Chama water from the Rio Grande, and miles of underground delivery infrastructure. Expected completion - 2007.

16. Interstate Compacts (cont’d.) Pecos River Compact - Texas and N.M. –Signed in 1948. –New Mexico failed to meet its delivery obligations. –Texas sued New Mexico. –Court orders New Mexico to repay Texas in water.

17. National Legislation National Environmental Policy Act (NEPA) Endangered Species Act (ESA) Environmental Protection Agency regulations (EPA regs.) –Safe Drinking Water Act –Clean Water Act

18. NM Environment Department Sets water quality standards Surface, ground, and drinking water NM Environmental Improvement Board NM Water Quality Control Commission

19. Programs and Initiatives Paso del Norte TF – NGO –NM, Chih. Tx. SWCERP – NGO –Ground water quality –Socioeconomic conditions –Along border

20. State Water Trust Board –Grants for water projects NM Border Health Council NM Chihuahua Border Commission –Water Table

21. Federal IBWC –Implements treaties and minutes –Provides funding for assessment studies BECC, NADBank, Border 2012 Good Neighbor Environmental Board Gov. Richardson interested in state and local initiatives

22. Issues Mimbres Valley Basin –Palomas, Columbus –Large transnational aquifer Good candidate for binational cooperation Local effort Water quality and infrastructure concerns

23. Issues Transboundary Aquifer Assessment Act Purpose –To understand hydrogeology of transboundary aquifers Priority aquifers in NM –Hueco Bolson and Mesilla

24. Cooperative efforts Border aquifer map Data sharing –Sandia National Labs water portal –Bingaman bill

25. Water Markets There is a market in water rights. Seen as a way to reallocate water. Water banks exist.