Transcript Active Water Resource Management in the Lower Rio Grande IN WATER MANAGEMENT

Active Water Resource Management
in the Lower Rio Grande
TOOLS FOR A NEW ERA
IN WATER MANAGEMENT
presented by
John D’Antonio, PE
New Mexico State Engineer
Lower Rio Grande Water Users Association
8/19/05
Agreement:
A Need for Groundwater Administration:
“ In order for junior ground-water users to continue to
pump, they will have to acquire … offsets to their
effect on senior water right holders through a
mechanism like a Special Water Users Association
(SWUA)”
The Existence of Downstream Pressure:
“ Texas entities have alleged that the New Mexico
portion of the Project is taking more than their share
and seek a larger portion of the allocation of Project
supply.”
Lower Rio Grande Regional Water Plan, Executive Summary, Page
4
Purpose of Today’s Talk
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Describe the water problem in the Lower Rio Grande
Begin discussion of Alternative Administration plans
 Suggestions of actions area water users can take
 Requirements for approval of an Alternative
Administration Plan
 Begin discussions for structuring the cooperation of
area water users with the State Engineer
 Your thoughts and ideas
Brief description of LRG Regulations and implementation
What is Active Water Resource
Management?

Proactive statewide program
to ensure New Mexicans have
a predictable water supply

Set of water management
tools customized to each
district
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The means for keeping control
of our water and protecting our
water rights and our economy
Drought Opened Our Eyes
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When drought hits, it’s too late to put tools in
place to manage shortages
The supply is always variable and droughts are
inevitable
Water will always be scarce in New Mexico
Competition for Water Keeps Growing
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Among New Mexico users & downstream
Surface water is fully appropriated,
Groundwater and surface water are interconnected
We must ensure senior water rights are protected &
accommodate needs of junior water rights holders
Growing Municipal
& Industrial Demand
Privileged and Confidential
Lower Rio Grande Consumption of Irrigation Water
CIR (crop) x Acreage(crop)
Growing Irrigation Demand
250,000
200,000
GW only
EBID Cotton
EBID Other Forage
EBID Hay-Pasture
100,000
EBID Grain
EBID Vegetables
EBID Alfalfa
50,000
EBID Pecans
1995
1992
1989
1986
1983
1980
1977
1974
1971
1968
1965
1962
1959
1956
0
1953
Acre-feet/year
EBID Misc
150,000
The Facts We Must Deal With
Groundwater use has increased in the LRG
 Groundwater pumping for irrigation use alone may
be as high as:
 50,000 -100,000 AFY in full project supply years
 200,000 - 300,000 (?) AFY in low project supply
years

The Problem: Heavy Reliance on
Groundwater While Instituting Few
Controls on it
Net Pumping
Pumping Response
Jan-74
Jan-73
Jan-72
Jan-71
Jan-70
Jan-69
Jan-68
Jan-67
Jan-66
Jan-65
Jan-64
Jan-63
Jan-62
Jan-61
Jan-57
Jan-56
Jan-55
Jan-60
Surface water rights are generally senior
Jan-59
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Jan-58
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Groundwater and surface water are closely
linked
Pumping reduces river flow

The Problem: Claims that
New Mexico Groundwater Pumping is
Affecting Surface Water Flows
The Rio Grande Project
Holds a Senior Surface
Water Right
Project Assigns 57% of
Surface Supply to NM
Texas alleges New
Mexico should be using
about this much
0%
10%
20%
30%
40%
Texas alleges
New Mexico is
using about this
much
DISPUTE
1
50%
60%
70%
80%
90%
100%
Risks to the State and New Mexico
Water Users
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Interstate stream disputes are
decided by the U.S. Supreme
Court
The Supreme Court could
require offsets for all postCompact groundwater
pumping (as happened in
Kansas v. Colorado).
Loss of the use of the aquifer
as a drought reserve
The Governor and Legislature have
Recognized the Urgent Need for
Administration
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Administer NOW! Law: 72-2-9.1 (2003)
 “The need for water administration is
urgent, compliance with interstate
compacts is imperative”
Legislators have admonished the State
Engineer not to let the Pecos River history
repeat itself anywhere, including on the
Lower Rio Grande
Action is needed
Improved regulation of groundwater pumping is
imperative
 Priority Administration is the State Engineer’s
only tool to address water demand in excess of
water supply
 We need your cooperation on developing an
alternative administration tool
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The State Engineer Much Prefers to
Administer Based on Alternative
Administration Plans
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Priority administration is an inflexible tool, but the
only one the law provides to the State Engineer
 Seniors get a full supply before juniors get any
 Only seniority counts (except domestic uses)
 Groundwater rights are generally junior
 The burden imposed by shortages is not shared
250,000
250,000
We hope water right owners
will develop alternatives for
managing shortages so the
State Engineer can avoid strict
priority administration
200,000
150,000
100,000
50,000
0
80,000
37,000
1,500
M&I (metered) Domestic and Irrigation Wells Irrigation
Stock
(estimated) Surface Water
(estimated)
(farm delivery)
What LRGWUO Can Do
First and Most Important:
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Develop alternatives to priority administration
 Set up cooperative agreements for shortage
sharing
 Strengthen water leasing mechanisms -implement Special Water Users Associations
 Develop alternative methods to ensure seniors
are kept whole
 Other measures . . ?
What LRGWUO Can Do
In addition:
Participate in developing district-specific
regulations
 As you requested, you will have an
exclusive opportunity to review our first draft
 At least two drafts will follow
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Benefits of Your Participation
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Alternative Administration means: local
solutions to maintain local control
Minimize impacts on local economy that would
result from priority administration
More certainty and steadiness of supply
Ensure that the State Engineer’s districtspecific regulations are workable and fair
Concurrently:
The State Engineer is
preparing and will promulgate
District Specific Regulations
that will provide for both
priority administration and
allow for the implementation
of alternative administration
We Are Taking it Step by Step
State Engineer Tools
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Requirement for Meter installation for all wells
(except domestic)
Declaration of water master district
Appointment of water master
Enforcement against illegal uses
Promulgation of district-specific regulations
Curtailment of over-diversions
Administration by priority date as necessary
(unless an acceptable alternative is agreed to
by local users)
The State Engineer does not
intend to oversee or regulate
EBID’s distribution of surface
water to farmers
“ That is EBID’s responsibility by law, and I have
no intention of duplicating that responsibility.”
--John D’Antonio Jr., February 2, 2005
We Encourage Your Participation
My staff is available to work with you on
developing workable alternative administration
plans
 We pledge to provide ample opportunity for you
to review and provide input on the District
Specific Regulations
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The time to start working together is NOW