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Last update: 9/16/09

LWVNM STUDY OF WATER SUPPLY AND DEMAND, 2007-2010

At its 2007 state Convention, the League of Women Voters of New Mexico approved a two-year study of Water Supply and Demand. A third year was approved at the 2009 state Convention. The League will develop a statewide position on the allocation of available water among competing uses, grounded in a basic understanding of NM water availability and water law.

Most of the NM Leagues have studied water issues in the past but the resulting positions can not be applied at the state level without statewide consensus. See the existing local positions.

Consensus questions for the current state study have been developed in four areas:

The study guide prepared by the resource committee includes a one-page background paper for each question and a check list that will serve as the basis of discussion during the unit meetings to be held during the fall and winter of 2009-2010. This is the bare minimum information needed to participate in the unit meetings. Additional resources are linked under each question below.

Downloads

Consensus meeting schedule

  • LWV Los Alamos: October 1, 2009
  • LWV of Santa Fe County: October 21, 2009
  • LWV of Central New Mexico: November 2009 unit meetings
  • LWV of Greater Las Cruces: January 12, 2010
Please contact the local Leagues for time and place of meeting.

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What elements of "public welfare" are most important?

One-page background
Check list for unit meeting

The NM Water Code states that "public welfare" must be taken into account in the allocation of water, but the term has never been formally defined in New Mexico at the state level. Most of the regional water plans do include a statement defining "public welfare" for that region. They reveal a number of shared values but also considerable variation in emphasis, and in some regions they generated considerable controversy. Can LWVNM arrive at consensus on a definition of "public welfare", specifically, on the values that should guide the allocation and reallocation of water in our state?

Public welfare statements from selected regional water plans:

See the web site of the Office of the State Engineer for other regional plans, most of which include public wellfare statements.

Additional reference: Implementing the Public Welfare Requirement in New Mexico's Water Code, Consuelo Bokum, NM Environmental Law Center (PDF 128 KB). This report reviews the public trust doctrine underlying the authority given to the State Engineer to protect the "public welfare" and argues that the term should be defined broadly, supplying a draft definition and standards for its implementation.

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What should be the role of regional water planning?

One-page background
Check list for unit meeting

New Mexico recently completed its first set of regional water plans. Originally intended to prevent the transfer of unallocated water out of state, the plans focus on addressing the gap between supply and demand. They were created with significant opportunity for public participation and include discussions of alternatives available to meet demand. However, they suffer from a shortage of the accurate data necessary to create realistic water budgets; they generally lack an implementation plan; and there are incompatibilities among some of the plans where regions anticipate meeting demand with transfers from other parts of the state. What should be the future for these regional plans?

The State Water Plan and the Regional Water Plans can be found at the OSE web site.

In 2006, the New Mexico Water Dialogue organized the Upstream/Downstream project, which brought together delegates from each of the three regions that intersect the portion of the Rio Grande between Otowi Station and Elephant Butte (specifically, the Jemez y Sangre, Middle Rio Grande, and Sierra-Socorro regions) to review the incompatibilities among their plans and propose cooperative solutions to the basin-wide deficit, which among other things threatens New Mexico's ability to meet its commitments under the Rio Grande Compact. The resulting report is in the December 2006 issue of the NM Water Dialogue (PDF 352 KB).

Details of the Middle Rio Grande water budget (PDF 4 MB) were also included in Appendix B of the MRG Regional Water Plan. Important constraints are imposed by the Rio Grande Compact (PDF 44 KB), signed in 1939 and further codified in 1948. The Executive Summary (PDF 5.3 MB) of the Water Supply Study prepared by S.S. Papadopulos and Associates (Phase 3, 2004) also contains much useful information, particularly in its figures.

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How should land use be tied to water availability?

One-page background
Check list for unit meeting

In New Mexico the Office of the State Engineer is responsible for water administration while the cities and counties make decisions about land use. There is currently no structure for coordination between the two levels of government. Effectively, land use policy within the cities and counties determines the demand for water. The establishment of mechanisms linking land development with water planning could give some protection to traditional communities as well as help to avoid further destruction of the aquifers, greater fragmentation of the landscape, and the loss of additional aquatic ecosystems. The question is how to achieve that goal.

See also:

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Why conserve water?

One-page background
Check list for unit meeting

There is general agreement that water is a scarce resource in New Mexico, and that there is a water deficit in the Middle Rio Grande basin, the fastest growing area of the state. But confronting these limits and taking conservation seriously raises the question, Conservation For What? Who will benefit? How can we ensure that the benefits as well as the sacrifice are shared in ways that reflect public values?

NRDC (2007). In Hot Water: Water Management Strategies to Weather the Effects of Global Warming. (PDF 2.6 MB) This report summarizes the potential water management impacts of climate change, describes existing climate-related activities of water managers around the West, and offers a full range of recommendations. See especially Chapter 4 for a review of conservation measures. The NM Governor's Drought Task Force has also produced a report (PDF 152 KB).

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Basic references

Definitions and Units: Unit conversion factors (acre-feet, gallons, and all that) plus brief discussions of the doctrine of "prior appropriation", "adjudication", and "offsets".

Introduction to New Mexico Water History and Terminology, NM Legislative Council Service Information Bulletin, November 21, 2002.

Alleta Belin, Consuela Bokum and Frank Titus (2002). Taking Charge of Our Water Destiny: A Water Management Policy Guide for New Mexico in the 21st Century. 1000 Friends of New Mexico. (PDF 856 KB) This comprehensive survey includes discussions of New Mexico's priority water rights system, groundwater resources, and urban/rural tradeoffs. One appendix is devoted to the ABCs of NM water law, and another defines many terms.

Additional references

Regulation of Water Versus Hydrologic Reality in New Mexico, by Peggy Barroll (Southwest Hydrology 2003) is a good two-page introduction to the regulation of groundwater in New Mexico. (PDF 280 KB)

Hijacking the Rio Grande: Aquifer Mining in an Arid River Basin by Lisa Roberts (Geotimes 2004) lays out the complicated relationships among physical reality, New Mexico water law, and development pressures in the Middle Rio Grande. (PDF 372 KB)

The San Juan/Chama Project (PDF 84 kB) diverts about 110,000 acre-feet per year (afy) of water from the Colorado River Basin across the continental divide into the Rio Grande Basin. More than half of this is destined for the Middle Rio Grande region. Albuquerque completed its San Juan Drinking Water Project in December 2008. Eventually the project will provide 70-90% of the metro area's water. The former system, relying entirely on pumping groundwater, was removing water from the aquifer twice as fast as it could be replaced.

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Presentations and related articles

Who Owns Water? Water Rights in the Southwest States by Brian Hurd, NMSU (2003) presents the legal history of western water law in general and then goes into New Mexico law. (PDF, 1.7 MB)

NM Water Rights Fact Sheet produced by the Bureau of Land Management.

Water and Drought in the 21st Century (slides, PDF format, 1.8 MB), overview by UNM Professor David Gutzler. See also the report of the NMENV Technical Work Group on Potential Effects of Climate Change in New Mexico (PDF, 148 KB) and The Future is Drying Up by Jon Gertner, published in the New York Times Magazine on October 19, 2007.

Sandoval County Water Issues (slides, PDF format, 1.1 MB), presentation by Bob Wessely, including several slides dealing with the regional water budget and much more.

Useful Links

USGS New Mexico Water Science Center

Office of the State Engineer

New Mexico Water Dialog. Good newsletter; visit the publications page.

Pacific Institute for Studies in Development, Environment and Security. Publisher of the biannual report "The World's Water".

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