Presentation to the New Mexico Legislature Water & Natural

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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
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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
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(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
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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?
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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
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Dry Years
Elephant Butte
& Caballo Reservoirs
Effluent
Drains
Runoff
2003-2005
Release
Mexico
~ 10%
LRG
Texas
EBID
M&I
Surface
Ground
EBID
Ground
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D3
Elephant Butte
& Caballo Reservoirs
Effluent
Drains
Runoff
2006-2007
Release
Mexico
~ 10%
LRG
Texas
~ 40%
EBID
M&I
Surface
Ground
EBID
Ground
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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.
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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
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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
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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
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Questions?
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