Transcript The Rio Grande Project Settlement of 2008

Workshop for Local Legislators and Participating Officials
May 7, 2008
City of Las Cruces
Doña Ana County
Doña Ana MDWCA
Town of Mesilla
Anthony WSD
Village of Hatch
New Mexico State University
Elephant Butte Irrigation District
The Rio Grande Project
Settlement of 2008
New Mexico:
Elephant Butte
Irrigation District
(EBID)
90,640 acres (57%)
1905-1916
The Rio Grande
Project
El Paso County Water
Improvement District No. 1
(EPCWID)
69,010 acres (43%)
Mexico
60,000 AF
1938 – The Rio
Grande Compact
• Apportions the water of
the Rio Grande among
Colorado, New Mexico,
and Texas
– Federal government
operated the Rio Grande
Project as a single unit
– Entire Rio Grande Project
included in Texas
– No provision for
apportioning water within
the Rio Grande Project
Otowi
Compact NM
Compact TX
Irrigation Hydrologic Cycle:
Plan View
Main Canals
Release/Diversion
Diversion
Conveyance/Distribution
Delivery (Farm Turnout)
Return Flows
Laterals
Reservoir
Deliveries
Downstream
Rio Grande Users
Drains
Post-Compact Problems
• 1951-1978 – Persistent recurring drought
– Rio Grande Project farmers respond to short water supply by
developing groundwater pumping capacity
– D1 and D2 curves developed for future allocation to EBID, EPCWID,
and Mexico
1,000,000
900,000
800,000
600,000
Delivery
D1
Diversion
D2
500,000
400,000
D1 - Deliver 393 kAF
300,000
200,000
100,000
Release 600 kAF
Delivery/Diversion, AF
D2 - Divert 713 kAF
700,000
0
0
100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000
Release, AF
Post-Reclamation
• 1979 - 80 – Districts pays off construction loans
– Reclamation contractually obligated to develop allocation and
operating plan for Project
• 1980 – City of El Paso applied for groundwater well
permits in New Mexico portion of Mesilla Bolson
– State of New Mexico denies application
– Ensuing lawsuit by El Paso dismissed in 1991
• 1979-2002 – Full allocations to EBID, EPCWID, and
Mexico
• 1997 – 2001 Reclamation files Quiet Title Suit
–
–
–
–
EPCWID files cross claim
Trilateral negotiations begin in 1998, collapse in 2000
Suit dismissed in 2001
EBID files suit in Federal District Court in Albuquerque
Problem: Release to diversion hydrology altered by
groundwater pumping in New Mexico
Diversion/Conveyance
Canal
Irrigation
Seepage
Crop
Water
Use
Field
Drainage
Groundwater
Well
Drain
Return
Flow
Rio
Grande
Return of Drought
• 2003 – After 24 years of full supply,
drought returns
• 2003 – 2006 – Reclamation employs “ad
hoc” allocation method
– Mexico’s allocation based on usable water in
Project storage
– Remaining diversion divided between EBID
and EPCWID in 57%/43% proportions,
respectively
Thousands
Visualizing Groundwater Impacts
1200
1000
Div
800
600
400
D2
1938-1950
1951-1978
200
1979-2002
2003-2007
0
0
100
200
300
400
500
600
700
800
900
Thousands
Rel
Thousands
Visualizing Groundwater Impacts
1200
Year
Release
2003
363,963
20041000 399,576
2005
659,000
2006
433,000
2007
636,136
Div
800
D2 Diversion
396,939
444,583
791,640
489,297
761,052
Actual Diversion
350,231
355,000
639,230
415,680
632,872
Deviation
-46,708
-89,583
-152,410
-73,617
-128,181
07
600
400
05
06
03 04
200
D2
2003-2007
0
0
100
200
300
400
500
600
700
800
900
Thousands
Rel
Dangers of Groundwater
Depletions of Surface Water
• Kansas v. Colorado on the Arkansas River
• Texas v. New Mexico on the Pecos River
– $15M settlement, $180M compliance cost
• Rio Grande much higher value resource
Escalating Tensions
• 2006 – (April) EBID proposes D3 allocation
method, tying EPCWID and Mexico allocations
to Project Release, based on D1/D2
• Inconsistent implementation by U.S. Bureau of
Reclamation
• 2007 – EPCWID files suit in federal district court
in Texas based on Reclamation’s allocation and
carryover issues
• Litigation appears inevitable
February 14, 2008
• January 2008 – Last-ditch attempt to
negotiate allocation and operating
agreement
– Mediated by Texas Compact Commissioner
Pat Gordon
– Major issues addressed January 21 and 22
– Details worked out January 23 to February 13
Highlights of the Agreement
• Annual Allocation based on D3 procedure (D1 basis for
Mexico allocation, D2 basis for El Paso #1 allocation)
• 1951-78 level of groundwater pumping grandfathered in
• EBID benefits from Project supply in excess of D2 level if
release is greater than 600 kAF
• Carryover equal to 60 percent of a full allocation may be
accumulated by each district (306 kAF for EBID, 233
kAF for EPCWID)
• Excess carryover goes into account of other district
• Mexico’s allocation based on actual release
Key Points of Compromise
• EPCWID wanted and got carryover, protection from impacts
of excessive groundwater pumping in New Mexico
• EBID wanted and got D3 as basis for allocation of Project
Water regardless of origin, and accountability from
Reclamation
• EBID and EPCWID dismiss their lawsuits
• Reclamation will conduct an internal review of the
operations of the El Paso Field Office under the Managing
for Excellence program
• Allocation and operating procedures are specifically
codified, subject to change by consensus agreement
Benefits
• Massive court, settlement, and
compliance costs avoided
• Cost to State of New Mexico:
$0.00
• Potential for LRG to develop
innovative conjunctive
management of water resources
• Resources can be focused on
improving productivity rather than
litigation
• Local solution to local problem
• LRG water supply is as certain as
it can be
What’s Next?
• Negotiations with State of New Mexico over
conjunctive management of surface water and
groundwater
• Continuing coordination among water use sectors
– Protect existing equities and beneficial use
– Plan for and support economic development and
changing use
• Storm water management and capture
– Address existing flood control deficiencies
– Take advantage of opportunity for new water
LRGWUO’s Flood – Related
Initiatives
• Need continued Dam Safety – Pilot Project
– Training, inspection, inundation mapping,
emergency response planning
– Building local organizational and institutional
infrastructure
• Need an Early Warning System
– National Weather Service NEXRAD
– Upper watershed and flow instrumentation
• Pilot project in Placitas (Hatch), Rincon, and
Picacho Arroyos
LRGWUO’s Flood – Related
Initiatives Continued…
• Need a Storm Water Capture and Use program
– Controlled release from dams to river, canals, drains,
Municipal &Industrial treatment
– Offset release from Caballo Reservoir
– Infiltration for aquifer recharge
– Environmental enhancements for river restoration
– Water quality enhancements – E. Coli mitigation
– Sediment management
– Redesign of flood control infrastructure
– Institutional/legal implications
• Need an Aquifer Storage and Recovery program
Municipal and Industrial Surface
Water Treatment Initiatives
• Village of Hatch – Rincon Valley
• Doña Ana Mutual Domestic Water
Consumers Association – North Valley
• City of Las Cruces
• Mesquite Mutual Domestic Water
Consumers Association – South Valley
Wastewater Reclamation and
Reuse Initiatives
• City of Las Cruces
• Doña Ana Mutual Domestic Water
Consumers Association – North Valley
• Village of Hatch – Rincon Valley
• Doña Ana County
Funding Requests
Item
Flood - Related Initiatives
Early Warning System
Dam Safety Center
Critical Flood Assessment and Planning
Storm Water Capture and Use Planning
Aquifer Storage and Recovery Pilot Project
M&I Surface Water Treatment
Village of Hatch
Doña Ana MDWCA
City of Las Cruces - Comprehensive Feasibility Rpt Fully Funded
Mesquite MDWCA
Wastewater Reclamation and Reuse Initiatives
City of Las Cruces - Fully Funded
Doña Ana MDWCA
Village of Hatch
Doña Ana County
TOTAL
Subtotal
$650,000
$500,000
$500,000
$1,400,000
$575,300
$200,000
$15,000,000
$0
$0
$20,000,000
$2,000,000
$200,000
Total
$3,050,000
$575,300
$15,200,000
$0
$22,200,000
$0
$41,025,300
Questions?