1 / 26

Water Administration and Law in New Mexico

Water Administration and Law in New Mexico. Border Governors October 21, 2005. Marilyn C. O’Leary Utton Transboundary Resources Center University of New Mexico School of Law. Prior Appropriation Surface Water Ground Water Conjunctive management. Water is a property right

uri
Télécharger la présentation

Water Administration and Law in New Mexico

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Water Administration and Law in New Mexico Border Governors October 21, 2005 Marilyn C. O’Leary Utton Transboundary Resources Center University of New Mexico School of Law

  2. Prior Appropriation Surface Water Ground Water Conjunctive management Water is a property right First in Time = First in Right Beneficial use New Mexico Water Law Basics

  3. Dual Aspect • Private use • Public right • All water belongs to the state and is subject to appropriation for beneficial use • Is a use right that is a property right

  4. Beneficial Use • Beneficial Use is the Basis, the Measure, and the Limit of water rights in the West. • The Basis: A water right is based on when and how much water is first put to beneficial use.

  5. Beneficial Use (cont’d) • The Measure: The amount of water of the right is determined by the amount put to beneficial use.

  6. New Mexico water administration is partly administrative (state engineer) and partly judicial (adjudications)

  7. Water management structures that have evolved in New Mexico • Acequias • Conservancy Districts and Irrigation Districts • New Mexico Office of the State Engineer • Interstate Stream Commission • Interstate Compacts • National legislation – ESA, CWA, NEPA • Tribal Waters • Water Markets

  8. Office of the State Engineer • Engineer • Appointed by the Governor • Administers water rights • surface water • groundwater 

  9. ACEQUIAS

  10. Ground water • Declared basin • Reasonably ascertainable boundaries • Overdraft issues • 7 binational aquifers, 4 subject to administration by State Engineer

  11. Surface water • 8 Interstate compacts • 2 international implications • Rio Grande • Colorado

  12. Interstate Compacts • Like a treaty between states. • Control the quantity of water coming into and leaving the state. • New Mexico is a party to 8 interstate compacts. • The Rio Grande Compact, The Pecos River Compact and the Colorado River Compacts are the most significant.

  13. Interstate Compacts (cont’d.) • Rio Grande Compact • Colorado, New Mexico, Texas • Colorado delivers at Otawi gage • New Mexico delivers at Elephant Butte • Storage and delivery issues • Effect on recreation and fish

  14. Interstate Compacts (cont’d.): • The Colorado River Compacts • The City of Albuquerque owns 48,200 acre feet of the San Juan-Chama water. • Constructing infrastructure to divert, filter, and deliver water from the Rio Grande. • Project includes an inflatable, adjustable-height dam which filters-out fish and diverts San Juan-Chama water from the Rio Grande, and miles of underground delivery infrastructure. • Expected completion - 2007.

  15. Interstate Compacts (cont’d.) • Pecos River Compact - Texas and N.M. • Signed in 1948. • New Mexico failed to meet its delivery obligations. • Texas sued New Mexico. • Court orders New Mexico to repay Texas in water.

  16. National Legislation • National Environmental Policy Act (NEPA) • Endangered Species Act (ESA) • Environmental Protection Agency regulations (EPA regs.) • Safe Drinking Water Act • Clean Water Act

  17. NM Environment Department • Sets water quality standards • Surface, ground, and drinking water • NM Environmental Improvement Board • NM Water Quality Control Commission

  18. Programs and Initiatives • Paso del Norte TF – NGO • NM, Chih. Tx. • SWCERP – NGO • Ground water quality • Socioeconomic conditions • Along border

  19. State • Water Trust Board • Grants for water projects • NM Border Health Council • NM Chihuahua Border Commission • Water Table

  20. Federal • IBWC • Implements treaties and minutes • Provides funding for assessment studies • BECC, NADBank, Border 2012 • Good Neighbor Environmental Board • Gov. Richardson interested in state and local initiatives

  21. Issues • Mimbres Valley Basin • Palomas, Columbus • Large transnational aquifer • Good candidate for binational cooperation • Local effort • Water quality and infrastructure concerns

  22. Issues • Transboundary Aquifer Assessment Act • Purpose • To understand hydrogeology of transboundary aquifers • Priority aquifers in NM • Hueco Bolson and Mesilla

  23. Cooperative efforts • Border aquifer map • Data sharing • Sandia National Labs water portal • Bingaman bill

  24. Water Markets • There is a market in water rights. • Seen as a way to reallocate water. • Water banks exist.

More Related