Lower Rio Grande Water Users Organization Who are we

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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 Jesus Caro Patrick
Banegas Mayor Judd Nordyke Gary
Esslinger Dr. Karl Wood (Chair)
Technical Committee Jorge Garcia Sue
Padilla Mariano Martinez Debbie Lujan Patrick
Banegas Rob Richardson Dr. Phil King Dr. Bobby
Creel
Where to get more information
http//wrri.nmsu.edu/lrgwuo/
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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

• Basin declared to be under
• administrative control by State
• Engineer Steve Reynolds

Response to City of El Pasos 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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1980
Other New Mexico Reactions to El Paso
1. State Engineer formed legal team 2.
Governors 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
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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
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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
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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
LRGWUOs hydrologic model is shared with the OSE
for future administration of the lower Rio Grande
by the OSE
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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
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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
• Governmental agencies to acquire surface water
  rights in the Elephant Butte Irrigation District
• Eventual placement of water into surface water
  treatment plants

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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
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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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State Engineers New Concern
2005
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
• measuring and metering
• rules and regulations regarding priority calls
  without an adjudication
• creation of water districts and appointment of
  water masters
• development of water master manuals.

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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
• Create exceptions to the prior appropriation
  doctrine
• 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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Bureau of Reclamation implements an Elephant
Butte Irrigation District proposal to allocate
water to EBID and El Paso Irrigation District
called D3
2006
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 1951-1978.
• New Mexico and Texas divide what is left for
  diversion
• New Mexicos 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.

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Hydrologic Cycle
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Problem

• Increasing groundwater depletions in New Mexico
  may reduce return flow, thereby reducing
  allocation to New Mexico and Texas irrigation
  districts
• Texas EPCWID1s allocation
• would be affected
• Interstate litigation was probable
• Examples Texas v. New Mexico on the Pecos
• Kansas v. Colorado on the
  Arkansas

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D3 Method

• Proposed by New Mexicos 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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Wet Years
Effluent
Elephant Butte Caballo Reservoirs
Drains
Runoff
1979-2002
Release
Mexico 60,000 AF
LRG
Texas 377,000 AF
EBID Surface
MI Ground
EBID Ground
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Dry Years
Effluent
Elephant Butte Caballo Reservoirs
Drains
Runoff
2003-2005
Release
Mexico 10
LRG
Texas
EBID Surface
MI Ground
EBID Ground
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D3
Effluent
Elephant Butte Caballo Reservoirs
Drains
Runoff
2006-2007
Release
Mexico 10
LRG
Texas 40
EBID Surface
MI 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 EPCWIDs adjudicated water
  right
• New Mexico maintains flexibility in surface water
  and groundwater conjunctive management
• Defensible position for New Mexico

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• Conclusions
• 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.
• Allocation of Project water by Bureau of
  Reclamation ensures availability of water to
  Texas and Mexico.
• LRGWUO is developing conjunctive management plan
  implementing the 2004 Regional Water Plan.
• Addresses the primary motivation for AWRM, making
  it largely unnecessary.
• 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

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LRGWUO Tasks El Paso/Las Cruces Regional Water
Project funded by U.S. Environmental Protection
Agency

• Phase I
• Installation of Deep Piezometers
• Feasibility of Aquifer Storage and Recovery
• Water Rate Study
• Northern Dona Ana county Waste Treatment Plant
  Implementation
• Review of transfers of surface water from
  irrigation to domestic use
• Evapotranspiration study

• Phase II
• Hydrologic Framework for Rincon Valley
• Hatch Surface Water Facility
• Chaparral Water Supply Study
• Hydrologic Framework for Mesilla Basin
• Town of Mesilla Water Rate Study and Basic Supply
  Capacity
• Unified Groundwater Model for the Lower Rio
  Grande
• U.S. Geological Survey Well Equiping

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Southern New Mexico Needs For The Future Include

• 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

• 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?