Lower Rio Grande Water Users’ Organization Who are we?

http://wrri.nmsu.edu/lrgwuo/

Where to get more information:

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OrganizationThe City of Las Cruces*Dona Ana CountyDona Ana Mutual Domestic Water Consumers AssociationThe Town of MesillaThe Anthony Water and Sanitation DistrictThe Village of HatchElephant Butte Irrigation DistrictNew Mexico State University*Fiscal agent

Appointed MemberMayor Bill MattiaceKaren PerezCharles Huestis

Jesus Caro Patrick Banegas

Mayor Judd NordykeGary EsslingerDr. Karl Wood (Chair)

Technical CommitteeJorge GarciaSue PadillaMariano Martinez

Debbie LujanPatrick Banegas

Rob RichardsonDr. Phil KingDr. Bobby Creel

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Where is it?

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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

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1. State Engineer formed legal team

2. Governor’s office formed a Water Law Study Committee

3. Southern New Mexico formed a defense teamExperts 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

1980 Other New Mexico Reactions to El Paso

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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

1986

Ultimately in the 1990s, State Engineer Tom Turney agreed to adjudication after receiving funding from the legislature

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1987

Decision based on their ability to obtain surface water from Bureau of Reclamation and El Paso Irrigation District contracts

Steve Reynolds rules against El Paso

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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

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As part of the settlement, the New Mexico – Texas Water Commission was formed

1991

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

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LRGWUO develops initial regional water plan, which included future surface water treatment plants

1991

Locally funded

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1993 LRGWUO’s hydrologic model is shared with the OSE for futureadministration of the lower Rio

Grande by the OSE

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Elephant Butte Irrigation DistrictBureau of ReclamationEl Paso County Improvement District

2001

continue to litigate in federal courts overclaimed improper allocation of surface water and uses of groundwater

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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 District2. Eventual placement of water into surface water

treatment plants

2003

LRGWUO obtains funding from the Interstate Stream Commission to develop a updated regional water plan

2002

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Plan based on premise that surface water treatment plants are in the future for LRG

LRGWUO submits updated regional plan to Interstate Stream Commission

2004

City of Las Cruces and Dona Ana Mutual are currently planning surface water plants

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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

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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.

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 (4)development of water master manuals.

State Engineer’s New Concern2005

Primary objective is to ensure deliveries downstream to Texas and Mexico.

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2005

LRGWUO objects to at least 21 of the Basin Specific Regulations

Especially those that:1. Create exceptions to the prior appropriation doctrine2. 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

LRGWUO and OSE agree to jointly formulate Basin Specific Regulations for the Active Water Resource Management program

OSE published draft Basin Specific Regulations

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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?

2006

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 1951-1978.

• 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 leftEPCWID allots and delivers to farmers, City of El Paso, etc.

Diversion/Conveyance

CropWaterUse

IrrigationCanal

FieldDrain Rio

Grande

Hydrologic Cycle

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

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Mexico60,000 AF

Texas377,000 AF

Wet Years

1979-2002

LRG

Release

Effluent

Runoff Drains

EBIDSurface

EBIDGround

M&IGround

Elephant Butte& Caballo Reservoirs

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Mexico~ 10%

Texas

Dry Years

2003-2005

LRG

Release

Effluent

Runoff Drains

EBIDSurface

EBIDGround

M&IGround

Elephant Butte& Caballo Reservoirs

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Mexico~ 10%

Texas~ 40%

D3

2006-2007

LRG

Release

Effluent

Runoff Drains

EBIDSurface

EBIDGround

M&IGround

Elephant Butte& Caballo Reservoirs

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

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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.

• 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

Current Issues for EBID

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LRGWUO Tasks El Paso/Las Cruces Regional Water Project

funded byU.S. Environmental Protection Agency

Phase I1.Installation of Deep Piezometers2.Feasibility of Aquifer Storage and Recovery3.Water Rate Study4.Northern Dona Ana county Waste Treatment Plant Implementation5.Review of transfers of surface water from irrigation to domestic use6.Evapotranspiration study

Phase II1.Hydrologic Framework for Rincon Valley2.Hatch Surface Water Facility3.Chaparral Water Supply Study4.Hydrologic Framework for Mesilla Basin5.Town of Mesilla Water Rate Study and Basic Supply Capacity6.Unified Groundwater Model for the Lower Rio Grande7.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?