Lower Rio Grande Water Users’ Organization Who are we? Organization The City of Las Cruces* Dona Ana County Dona Ana Mutual Domestic Water Consumers Association The Town of Mesilla The Anthony Water and Sanitation District The Village of Hatch Elephant Butte Irrigation District New Mexico State University *Fiscal agent Appointed Member Mayor Bill Mattiace Karen Perez Charles Huestis Technical Committee Jorge Garcia Sue Padilla Mariano Martinez Jesus Caro Patrick Banegas Debbie Lujan Patrick Banegas Mayor Judd Nordyke Gary Esslinger Dr. Karl Wood (Chair) Rob Richardson Dr. Phil King Dr. Bobby Creel Where to get more information: http://wrri.nmsu.edu/lrgwuo/ 1 Where is it? 2 Why is it needed: A Quarter Century of Water Planning In the Lower Rio Grande 1980 Basin declared to be under administrative control by State Engineer Steve Reynolds Response to City of El Paso’s attempt to drill 266 wells in New Mexico and export ground water Amount requested equaled what EBID delivered to 90,640 acres or 270,000 acre-ft State Engineer had not exercised any administration in lower Rio Grande prior to declaration 3 1980 Other New Mexico Reactions to El Paso 1. State Engineer formed legal team 2. Governor’s office formed a Water Law Study Committee 3. Southern New Mexico formed a defense team Experts in: Hydrology Population Growth Water Demand Public Welfare Tasked to determine water needs of Southern New Mexico in future This started the initial water plan for southcentral New Mexico 4 1986 EBID filed suit against Office of State Engineer and United States for an adjudication to address issues of groundwater pumping and impairment of Rio Grande Ultimately in the 1990s, State Engineer Tom Turney agreed to adjudication after receiving funding from the legislature 5 1987 Steve Reynolds rules against El Paso Decision based on their ability to obtain surface water from Bureau of Reclamation and El Paso Irrigation District contracts 6 1988 El Paso appeals State Engineer Steve Reynolds’ ruling to state district court District Court dismisses case El Paso appealed to NM Court of Appeals, which ordered mediation Retired Judge Perez brokered a settlement with understanding that El Paso would look towards using Texas’ Rio Grande Project water 7 1991 As part of the settlement, the New Mexico – Texas Water Commission was formed It originally included Elephant Butte Irrigation District, City of Las Cruces, and New Mexico State University This New Mexico portion eventually became the Lower Rio Grande Water Users’ Organization with almost all water suppliers in Dona Ana County 8 1991 LRGWUO develops initial regional water plan, which included future surface water treatment plants Locally funded 9 1993 LRGWUO’s hydrologic model is shared with the OSE for future administration of the lower Rio Grande by the OSE 10 2001 Elephant Butte Irrigation District Bureau of Reclamation El Paso County Improvement District continue to litigate in federal courts over claimed improper allocation of surface water and uses of groundwater 11 2002 LRGWUO obtains funding from the Interstate Stream Commission to develop a updated regional water plan 2003 LRGWUO successfully pursues legislation that allows formation of Special Water User Associations Allows: 1. Governmental agencies to acquire surface water rights in the Elephant Butte Irrigation District 2. Eventual placement of water into surface water treatment plants 12 2004 LRGWUO submits updated regional plan to Interstate Stream Commission Plan based on premise that surface water treatment plants are in the future for LRG City of Las Cruces and Dona Ana Mutual are currently planning surface water plants 13 2005 Elephant Butte Irrigation District developed real time measurement of water diversions and state-of-the-art conservation techniques Used funds from Interstate Stream Commission, North American Development Bank (NADBANK), and Bureau of Reclamation 14 2005 State Engineer’s New Concern If the State Engineer is compelled to conduct priority administration due to drought, the tools necessary to do so were not yet in place with incomplete adjudications. Primary objective is to ensure deliveries downstream to Texas and Mexico. OSE adopts program called Active Water Resource Management (AWRM) The tools for AWRM included: (1) measuring and metering (2) rules and regulations regarding priority calls without an adjudication (3) creation of water districts and appointment of water masters 15 (4) development of water master manuals. 2005 LRGWUO and OSE agree to jointly formulate Basin Specific Regulations for the Active Water Resource Management program OSE published draft Basin Specific Regulations LRGWUO objects to at least 21 of the Basin Specific Regulations Especially those that: 1. Create exceptions to the prior appropriation doctrine 2. Set maximum diversion per acre for any crop for any year at 4.0 acre feet rather than Beneficial Use OSE accepts only the three least important objections 16 2006 Bureau of Reclamation implements an Elephant Butte Irrigation District proposal to allocate water to EBID and El Paso Irrigation District called D3 What is D3 exactly? And where did it come from? 17 Previous Reclamation Allocation Method (Used Prior to 2006) • Mexico is given its allocation of surface water first, based on relationship of release to diversion derived from 19511978. • New Mexico and Texas divide what is left for diversion • New Mexico’s EBID Allocation = 57% of what is left EBID allots and delivers to farmers, Special Water User Associations, etc. • Texas’ EPCWID allocation = 43% of what is left EPCWID allots and delivers to farmers, City of El Paso, etc. Hydrologic Cycle Diversion/Conveyance Canal Irrigation Crop Water Use Field Drain Rio Grande Problem • Increasing groundwater depletions in New Mexico may reduce return flow, thereby reducing allocation to New Mexico and Texas irrigation districts • Texas’ EPCWID#1’s allocation would be affected • Interstate litigation was probable • Examples: Texas v. New Mexico on the Pecos Kansas v. Colorado on the Arkansas D3 Method • Proposed by New Mexico’s EBID in April 2006 • Implemented by U.S. Bureau of Reclamation in late July 2006 • Ties allocations to Mexico & Texas to release from Caballo based on 1951-1978 conditions • EBID/New Mexico get whatever is left Wet Years Elephant Butte & Caballo Reservoirs Effluent Drains Runoff 1979-2002 Release Mexico 60,000 AF LRG Texas 377,000 AF EBID M&I Surface Ground EBID Ground 22 Dry Years Elephant Butte & Caballo Reservoirs Effluent Drains Runoff 2003-2005 Release Mexico ~ 10% LRG Texas EBID M&I Surface Ground EBID Ground 23 D3 Elephant Butte & Caballo Reservoirs Effluent Drains Runoff 2006-2007 Release Mexico ~ 10% LRG Texas ~ 40% EBID M&I Surface Ground EBID Ground 24 Advantages of D3 • 1951-1978 baseline is used • Texas’ EPCWID and Mexico are protected from depletions in New Mexico • Consistent with Texas’ EPCWID’s adjudicated water right • New Mexico maintains flexibility in surface water and groundwater conjunctive management • Defensible position for New Mexico Conclusions: 1. Acceptance of D3 reduces likelihood of future challenges from Texas on NM pumping of groundwater and its affects on deliveries of surface water to Texas. 2. Allocation of Project water by Bureau of Reclamation ensures availability of water to Texas and Mexico. 3. LRGWUO is developing conjunctive management plan implementing the 2004 Regional Water Plan. 4. Addresses the primary motivation for AWRM, making it largely unnecessary. 5. The OSE is needed to continue the adjudication process. 26 Current Issues for EBID • Historically, any water not used by EBID, Texas, and Mexico stays in Elephant Butte and is redistributed January 1 to NM, TX, and Mexico. Carryover is not allowed. • Desire carryover storage and accounting – Impact of carryover on annual allocation – Limits on annual and cumulative carryover • Role of the Bureau of Reclamation (BOR) in Project Operations & Management • Automation of and access to Caballo release gates LRGWUO Tasks El Paso/Las Cruces Regional Water Project funded by U.S. Environmental Protection Agency Phase I 1. Installation of Deep Piezometers 2. Feasibility of Aquifer Storage and Recovery 3. Water Rate Study 4. Northern Dona Ana county Waste Treatment Plant Implementation 5. Review of transfers of surface water from irrigation to domestic use 6. Evapotranspiration study Phase II 1. Hydrologic Framework for Rincon Valley 2. Hatch Surface Water Facility 3. Chaparral Water Supply Study 4. Hydrologic Framework for Mesilla Basin 5. Town of Mesilla Water Rate Study and Basic Supply Capacity 6. Unified Groundwater Model for the Lower Rio Grande 7. U.S. Geological Survey Well Equiping 28 Southern New Mexico Needs For The Future Include: 1. OSE to provide the current Lower Rio Grande hydrologic model to the LRGWUO (Expanded version originally developed by LRGWUO members) 2. Withdrawal of improper parts of the lower Rio Grande Basin Specific Regulations promulgated under Active Water Resource Management by the Office of the State Engineer 29 Southern New Mexico Needs For Future $Funding$ Include: 1. Final planning for placement of regional surface water treatment plants and their construction 2. Placement and implementation of regulation reservoirs and infrastructure to capture all water that is entitled to New Mexico 3. Make this captured water available to surface water treatment plants and agriculture 30 Questions? 31