Second in a series

Ahead of final adoption of a regional water plan, the Village of Corrales has begun implementing water use policies intended to help balance water demand with available supply over the short- and long-term.

The Village Council has adopted, or is in the process of adopting, three ordinances in recent months aimed at restricting water use here. The first, Ordinance 372 adopted October 28, was a prohibition against landscaping new home sites with more than 20 percent in cold weather grasses such as blue grass and fescue unless intended for livestock. It encourages use of xeriscape concepts instead of water-intensive plantings.

Then at their December 9 meeting, councillors were ready to adopt Ordinances 374 and 376. The first requires “xeriscaping for new construction or change of use of properties in the ‘C’ Neighborhood Commercial and Service Zone” along Corrales Road from Meadowlark to Old Church Road. It also limits the amount of landscaping for new construction or change-of-use in that business district to no more than five percent in cold weather grasses.

Ordinance 376, attempts to assure that future developers of property zoned “M” (for municipal and quasi-public uses) have water rights adequate for anticipated usage.

Both ordinances were sent to the Planning and Zoning Commission for review before a vote by the council.

These new policies have also been established ahead of a final report from the task force appointed by the council to produce a village-wide water management plan. The committee’s report is expected by the end of the year.

At least two of the Corrales water management committee members serve on the Middle Rio Grande Water Assembly’s Action Committee which it finalizing its seven-year effort to adopt a regional water plan.

This series of articles includes sections from the current draft of the regional water plan’s chapter presenting conclusions and recommendations.

The conclusions chapter sets out recommendations stemming from the assembly’s adoption of a “preferred scenario” of how communities in this region can try to keep over-all water use to sustainable levels.

It addresses water conservation questions such as gray-water use, xeriscaping and reduction in non-native vegetation in the bosque, among others.

A description of the “preferred scenario” will be published in a subsequent issue. It can be found at the water assembly’s website www.waterassembly.org in Chapter 9.

The partial text of Chapter 10’s conclusions and recommendations continues as follows:

Water Resources Planning and Management

10.2.5.1 Adjudication and Water Rights Settlement.

Adjudications are important prerequisites to better water management in this Region –both for purposes of a person’s right to lawfully use the full extent of his, her, or its water in accord with the priority system, and for purposes of meeting the State’s compact obligations on the Rio Grande. Therefore, is recommended that all water rights in the region be adjudicated or otherwise identified, quantified and priority ownership rights resolved.

Because adjudication has been proved to be such a long, expensive and drawn out legal process that it is also recommended that a more expedient and less costly process be created. Alternative dispute resolution should be considered as an option.

Furthermore, this plan recommends that the State Engineer appropriate sufficient funds to prepare hydrographic surveys (and other technical information) and to prosecute adjudications or otherwise identify, quantify and resolve priority ownership rights.

10.2.5.2 Conjunctive Use Management

This plan recommends strengthening conjunctive management through legislation which would allow for the augmentation of surface waters depleted by groundwater pumping.

Conjunctive management allows water managers to use a combination of surface water and groundwater resources to meet demand. With conjunctive management, a water right owner who holds both surface and groundwater rights may rely entirely on surface water in a wet year while allowing the aquifer to recover through natural recharge. Conversely, in a drought year, the water supply could be obtained through reliance on ground water. This would benefit the river system and downstream users by leaving additional water in the river. As analyzed below, an issue that arises in conjunctive management is whether priority administration can be maintained in a conjunctive management system.

The State of New Mexico, like most western states, uses the doctrine of prior appropriation to allocate water use. The State Engineer has the power, through permit conditions, to allow the commingling of water rights and the conjunctive use of water. A water right is generally restricted to a point of diversion (either a well or a surface water diversion).

For example, a groundwater right must be diverted from a well permitted by the State Engineer and cannot be taken from a surface water diversion. Surface water can be diverted at the surface point of diversion and as such, the supply may be limited in times of drought. In order to conjunctively manage these two rights, the water holder would apply to the State Engineer requesting permission to divert the total water right held from either (1) surface water, (2) groundwater, or (3) a combination of surface and groundwater. The type of diversion used would depend upon certain conditions, which would be described in the permit allowing conjunctive management.

10.2.5.3 Water User Tax Funding

Increase in demand for water is seen to be an ongoing phenomenon. Water projects for the region and for the State are seen to benefit all. A reliable funding source for such projects is seen to be necessary. The recommendation is to establish a quantity-based user fee on water consumption. This fee could be at one rate for renewable water and at a much higher rate for non-renewable groundwater. The State is seen as the most appropriate level of authority to impose such a fee and to manage the proceeds for the benefit of the State and for the Region.

There will be some minor reduction in consumptive use because of the increased cost of water. This recommendation is primarily to obtain a return in cash to be used on water projects. That return would be dependent upon the level of the fee. If the rate were only one tenth of a cent per gallon on non-renewable groundwater, and one hundredth of a cent per gallon on renewable water, the current result would be a cash stream from the Region alone of about $32 million per year.

10.2.5.4 Elephant Butte Loss Accounting

The amount of water that evaporates from Elephant Butte (EB) reservoir is a significant fraction of the water lost from the Middle Rio Grande region. Alternative action A-51 proposes to “Establish more equitable accounting for evaporative losses in Rio Grande Compact water.” However, two points should be considered because it may not be in NM’s best interests to attempt to gain a more equitable sharing of EB evaporation.

10.2.5.4.1 Elephant Butte Loss Accounting Among Compact Members (A-51)

This Regional Water Plan recommends that OSE/ISC [Office of the State Engineer and Interstate Stream Commission] consider whether to raise the issue of revisiting the sharing of Elephant Butte reservoir evaporation losses among RG [Rio Grande] Compact members.

Substantial quantities of water are lost to evaporation at Elephant Butte Reservoir, where the water is being stored for later use downstream. Concern has been expressed that the allocation of responsibility for the loss amounts between the member states, particularly Middle Rio Grande and downstream users, could be adjusted to benefit the users in the Middle Rio Grande. A brief analysis report indicates that the losses were apportioned as fairly as practical when the official delivery measurement point was moved from San Marcial to the EB outfall in 1948. We recommend that the OSE/ISC briefly review to determine whether opening this issue would be advantageous to New Mexico and to this region.

Cost of this performing review should be minimal.

10.2.5.4.2 Elephant Butte Loss Accounting Across Regions

This Regional Water Plan recommends that Jemez y Sangre, Middle Rio Grande, and Socorro Sierra Regions negotiate an equitable sharing method for water budget credit if and when savings of Elephant Butte evaporation materialize.

Substantial quantities of water are lost to evaporation at Elephant Butte Reservoir. Several recommended actions seek to reduce that evaporative loss. The losses come out of the Compact allocation of water to the space between Otowi gage and Elephant Butte Dam. That space is primarily within Middle Rio Grande and Socorro/Sierra Regions, with a small portion within the Jemez y Sangre Region. The three regions should negotiate a set of criteria to determine how any savings from reduction in Elephant Butte evaporation should be credited to the regions’ respective water budgets. The negotiation should take place after this planning period, but before any savings actually materialize. Aid of the OSE/ISC is sought to facilitate the negotiations. Candidate criteria for sharing could include area of region between measurement points, length of river, area in floodplain, population, historical consumption, and contribution to savings project. The initial Middle Rio Grande recommendation is to use area within floodplain as a starting criterion.

Cost of conducting this negotiation should be minimal.

10.2.5.5 Active Management

Encourage active water resource management by the OSE/ISC, including native, imported, surface, ground, and reused waters.

10.2.5.6 Enforce Water Use Regulations

The Region is seen to be drawing more water from wells and from irrigation ditches than is allowed or necessary to provide the irrigation uses. The recommendation is for MRGCD and/or the State Engineer to establish an enforcement program to ensure that only the necessary and allowable water is drawn for the acreage and crops being irrigated. As a policy change within the OSE’s and MRGCD’s existing authorities, this recommendation should be assigned to one or the other of the two agencies and implemented immediately.

The Region is seen to be regularly and substantially increasing its draw upon wet water by transferring the rights from one point to another, and then continuing to consume water without rights at the source or “from” location. The State Engineer should establish a policy of charging anticipated continued use without rights at the “from” location (either riparian or agricultural) as an offset to permitted consumption at the “to” location. A coupled program of spot checking and resultant enforcement/penalty is needed. As a policy change within the OSE’s existing authority, this recommendation should be implemented immediately. It is recommends that a program be instituted for enforcing water retirements after transfers (both permanent and temporary). It is particularly important that land whose water rights have been retired, transferred or leased not continue to use part or all wet water for which it had been previously entitled.

10.2.5.7 GIS Database

Establish and integrate a regional Geographical Information System (GIS) database of publicly accessible information on water resources and photo imagery covering the water planning region.

10.2.5.8 Watershed Management Plans

The preservation and management of water resources must be conducted on a regional basis of watersheds and geologic basins. The Middle Rio Grande Region can be defined by its watersheds for purposes of local and regional water management planning. Thus, all governmental jurisdictions, water management agencies, and private water system developers should utilize standard best management practices (BMPs) for watershed protection.

It is recommended that specific watershed management plans should be established in the Middle Rio Grande planning region to achieve common objectives such as: increasing water yield; reducing storm water runoff and preventing soil erosion; improving woodland and rangeland health; increasing infiltration and protecting aquifer recharge zones, and ensuring water quality protection from non-point source pollution. I is recommended that a basin-wide coordinating function be established.

10.2.5.9 Comprehensive, Integrated, and Continued Water Planning

There must be connection and continuity between water resource planning and other major planning elements in the regional planning process. It is therefore recommended that local government jurisdictions and regional planning agencies work cooperatively to integrate water plans with planning for land use, transportation, economic development, and other planning efforts of regional significance. The scope of regional water resource planning must cover any and all water-related issues.

It is recommended that regional water planning should continue through an open, inclusive, and deliberative process to ensure diverse stakeholder participation in the decision making process. In implementing the regional water plan, a process for monitoring and measuring progress toward achieving success of water management actions should be established by mutual agreement among the jurisdictions of the region.

10.2.5.10 Storm Water Management Plans

Storm water runoff can and should be used by the region when practicable. It is recommended that local government storm water plans be enhanced and expanded to control runoff, using swales, terraces and retention structures to minimize erosion, enhance infiltration, and recharge, and prevent pollution of surface and ground water.

It is recommend that the Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA) and Sandoval County Arroyo Flood Control Authority (SSCAFCA), the only entities responsible solely for flood control in the region, include infiltration, seepage, pollution control and aquifer recharge in their mission.

10.2.5.11 Cooperative Regional Water Management

10.2.5.11.1 Regional Water Management Authority

Through the regional water planning process, the concept of establishing a new regional authority (which could impose taxes and could manage water uses) received a low public as well as a low political feasibility rating. However, we must have coordinated action to solve our water problem. For that reason, the exploration of the possible creation of such authority, or equivalent alternatives, is recommended.

10.2.5.11.2 Cooperative Regional Water Management

We encourage jurisdictions within the region to work together to design implementation mechanisms for the plan that are effective, fair, wise, equitable, legal, and appropriate to local community concerns. This Regional Water Plan recommends that the local jurisdictions explicitly share the task of balancing our regional water use with renewable supply.

All jurisdictions should, in negotiation with the other jurisdictions, voluntarily accept a portion of our average deficit. Through incentives, regulations, policies, and public education, that are appropriate for the particular jurisdiction (see tools in section 5.12), the jurisdiction should then accept the task of remedying that portion of the deficit. All jurisdictions in the Region should participate voluntarily through governing body resolution(s).

In order to meet the targets, jurisdictions would take credit for reduced consumptions within the jurisdiction, for fractions of water savings or new water resulting from projects that transcend the jurisdiction, and for implications of rulings that may be imposed from above. Details should be negotiated at the Water Resources Board, and then adopted through resolution (perhaps joint powers agreement) by the jurisdictions’ governing bodies.

This recommendation is seen to be a cost-free enabling mechanism, rather than a direct water savings mechanism. The water savings will come from the specific actions that are chosen by the respective jurisdictions. As an enabling mechanism, this recommendation should be quantitatively defined and then placed in force as soon as possible.

10.2.5.12 Water banking

Annual fluctuations in water supply, farming practices, Compact obligations, and state priority regulations make it desirable for farmers to lease their water rights on occasion. The current practice to have extensive permission and protest processes so as to protect third parties to the transaction at the “from” and at the “to” sites. For bona fide short term leases (less than 4 years) on the part of both lessor and leasee, transactions where surface water rights that are leased for surface uses should not require the third party protections. State enabling legislation is needed to make this cost-free recommendation to make management of short term droughts more practical.

A Compact shortfall is seen during the next 10 to 30 years, for the period during the time the measures recommended in this plan are gradually coming toward full implementation. This recommendation is for the state government to embark on a program of short term lease of water (and associated water rights) from the municipalities in the Region and from the farms in the Region (as well as from the Socorro/Sierra Region). While undesirable, this program is seen to be necessary so as to meet the projected short term in RG Compact deliveries.

Water Monitoring and Measurement

10.2.6.1 Measure All Water Uses

This Regional Water Plan recommends that all water uses in the region be measured and reported at the single user level. Unmeasured availability of water is seen to be a major encouragement to casual and/or profligate water use.

The recommendation is that all uses of water in the Region be measured and reported at the single user level. Measuring only particular types of users or particular individual users is publicly seen to be unfair.

The recommendation is to establish the measuring program immediately for all new uses, and as a gradual retrofit to existing uses, as fast as funding can be made available. This recommendation applies to farm gates, domestic/livestock wells, and apartment units. This recommendation is for local and state governments to implement incentive, regulatory, and/or public education policies so as to stimulate the prompt installation of appropriate retrofit measurement devices. Reporting and monitoring should be accomplished by having users file mark-sense cards for automatic reading into a database. Spot check of measuring devices would be advisable for enforcement. Besides the direct benefit of water savings, this recommendation will enable much more incisive and efficient management of our surface and groundwater supplies. This program will entail some costs which should not be borne directly by the water user who is being measured.

10.2.6.2 Refine Water Budgets

While well-studied, the inflows, consumptive uses, and interaction between groundwater and surface water in the region still contain uncertainties. While within reasonable ranges of each other, different studies yield somewhat different numbers. Further study would enhance the credibility of results and recommendations, would help to appraise our success in solving the Region’s water problems, and would guide us to improved remedial actions.

Agriculture

Upgrade Agricultural Conveyance Systems

The Region is seen to divert (reroute) much more river water than is absolutely necessary to supply the fields that are irrigated. The recommendation is to line MRGCD and on-farm ditches so as to obtain a greater efficiency in delivering water to fields. This should be accomplished very selectively so as to minimize the impact on recreation through loss of ditch bank riparian growth. Since much of the conveyance loss water eventually returns to the river anyway, the savings in consumption would be minimal. However, a substantial savings in diversions is seen. This savings in diversions would allow more water to flow in the river and thus relieve some of the pressure for helping species and other environmental concerns. This recommendation is seen to require some major funding and construction effort. Federal funding should be sought immediately. Work should commence as soon as funds are available. Because of existing and increasing ESA pressure, progress on this recommendation is seen to be urgent.

10.2.7.2 Level All Irrigated Fields

Most farms larger than five acres in the Region are seen to have been leveled through existing federal contributory programs. This recommendation is to establish a program to level the substantial number of irrigated fields that are smaller than the threshold size for the federal program. This recommendation is for local and state governments (or federal if possible) to implement incentive, regulatory, and/or public education policies so as to stimulate the leveling of these smaller fields. Lobbying of federal agencies to broaden the incentive program should commence immediately.

10.2.7.2 Convert to Low Water Use Crops

This recommends that local markets be developed for locally-grown produce, value added products and low-water use alternative crops.

Water Quality

10.2.8.1 Expand Centralized Wastewater Treatment

10.2.8.1.1 Surface Water Contamination

Except areas with areas with shallow wells and shallow aquifers, septic systems are seen to provide negligible return flow to the river or aquifer systems. In addition, they are seen, if not properly monitored, to be hazardous to surface water runoff quality. The recommendation of this plan is for local and state governments to implement incentive, regulatory, and/or public education policies so as to encourage all new suburban and exurban construction around areas with shallow wells and shallow aquifers to feed community wastewater treatment facilities or use advanced technology for on-site wastewater treatment.

The facilities would enable practical return flow to the river system. Further incentives for retrofit is also recommended.

10.2.8.1.2 Ground Water Contamination

Individual septic systems in areas with shallow wells and shallow aquifers are seen to present a serious risk to the quality of the shallow aquifer. The result is a health risk to water users and an associated reduction in viable water supply. The recommendation is for local governments to implement incentive, regulatory, and/or public education policies so as to encourage all residents in areas with shallow wells and shallow aquifers to connect to and use centralized wastewater treatment facilities or use advanced technology for on-site wastewater treatment. We understand that this recommendation is already being addressed in Bernalillo County’s South Valley. As soon as possible, it should be extended across the entire Region’s areas with shallow aquifers.

10.2.8.2 Improved Water Quality Sampling and Testing

It is recommended that the water testing and sampling capabilities be significantly upgraded. The additional testing capabilities should include all of the biological, chemical and radiological threats to public health that are described in existing state and national water quality guides. In addition, special sampling and testing programs are needed to identify any contaminants that may be introduced into the water supply system. Many of these may be continuous automatic testing programs and they may require advanced techniques, which might be developed in cooperation with the national laboratories, state universities and private industry.

In addition to upgrading the quality of testing of potable water, it is important to improve the quality of grey and waste water testing.

10.2.8.3 Protect Water from Contamination

It is recommended that programs be established to protect the region’s water from point and non-point source contamination and to ensure compliance with federal, tribal, state and local standards for water quality pertaining to surface waters, drinking water, storm water, and wastewater. It is also recommended that programs be established to enforce and protect wellheads from contamination on all public water supply wells within local government jurisdictions.

Bosque and Other Riparian Habitat

This Regional Water Plan recommends that a program of very rapid restoration of the Bosque throughout the Region be instituted so as to be completed within two years after the City of Albuquerque Drinking Water Project comes on line.

Non-native species in the Bosque consume large quantities of wet water. Provided replacements are appropriately chosen, removal of these non-native species are seen to present an opportunity to substantially reduce consumption in the Region. The major effect would be to provide more water in the river to meet Compact obligations and to meet environmental obligations. This would reduce the pressure from various sources to divert water from other consumptive uses for Compact and environmental purposes. Since a major effect of the restoration is to help meet Compact obligations, and since modeling indicates substantial Compact deficits in the next decade or so, progress and success on this program is seen to be urgent, as well as important.

Water Storage to Reduce Evaporative Losses

10.2.10.1 Implement Upstream Surface Water Storage

The Region is seen to lose an average of 140,000 acre feet of water per year from storage in the hot and dry climate of Elephant Butte reservoir. The recommendation is to obtain the necessary permissions to store water in Abiquiu Reservoir. So as to minimize impact to recreational users of Elephant Butte, it would be desirable to manage flows to keep Elephant Butte Reservoir storing steady but minimal 400,000 acre feet of water. Since substantial savings can be realized, and since both RG Compact Commission and congressional approval actions are required for storage permission, RG Compact negotiations and congressional lobbying should commence immediately.

10.2.10.2 Implement Upstream Aquifer Water Storage

The Region is seen to lose an average of 140,000 acre feet of water per year from storage in the hot and dry climate of Elephant Butte reservoir. The recommendation is to pump surplus water into the aquifer so as to supplant the requirements to store large quantities in Elephant Butte Reservoir. So as to minimize impact to recreational users of Elephant Butte, it would be desirable to manage flows to keep Elephant Butte

Reservoir storing steady but minimal 400,000 acre feet of water. While this approach is similar to the use of the aquifer for drought protection, larger quantities of water would have to be acquired and stored than for drought protection. Technology assessment and engineering feasibility for this recommendation should be started immediately so as to determine whether the option is really practical within this Region.

10.2.10.3 Implement Aquifer Storage and Recovery Programs

In order to ameliorate the short term fluctuations is regional supply, it is recommended that water be pumped into the depleted aquifers under Albuquerque during wet years, and be retrieved for use during dry years. This system would be smaller than one used to supplant Elephant Butte Reservoir evaporation.

Technology assessment and engineering feasibility for this recommendation should be started immediately so as to determine whether the option is really practical within this Region.

Desalination and Transfer of Water

10.2.11.1 Develop New Water Supplies through Desalination

The Tularosa Basin possesses substantial supplies of brackish water. It is estimated that price increases of water, project development time, and technology improvements will make the desalination and import of that brackish water practical within twenty years. The recommendation is for the Region to explore the possibility of importing into the Region brackish and saline water supplies within and in areas surrounding the Region. The Region should track technological advances that would make desalination cost effective. It is further recommended that the Region implement projects that will make such water available for use within the region or provide the Region with appropriate Compact credits. Tradeoffs will be necessary to determine whether the importation for Compact credit should be accomplished via pipes to the Region, pipes to Elephant Butte Reservoir, or pipes directly to El Paso.

10.2.11.2 Investigate the Potential for Importing Water

Examine the potential of securing and importing large volumes of potable water from unused aquifers in the southeastern part of the San Juan Basin, the Zuni (Bluewater) Basin and the Northern Plains Basin. This option should include the availability of water from this region’s abandoned uranium mines.

Regional planners see the very long term solution to Regional needs requiring desalination and import of seawater. Examine the potential of desalination and importing of seawater.

Secure additional water rights from the more than 200,000 acre feet of currently unallocated San Juan River water that is part of New Mexico’s share of the Upper Colorado River Compact distribution to Upper Basin states. This water is now the subject of negotiations between the state and the Navajo Nation.

This Regional Water Plan recommends that a system for keeping water rights in their traditional regions be implemented. In order to protect the smaller communities, the recommendation is that transfers of water rights from a long term surface water location to a groundwater location be limited to a maximum of ___ miles.

10.2.11.3 Initiate the Exploration for Undiscovered Water

Explore the possible existence of as-of-yet undiscovered Rio Grande river bed aquifers. It is geologically probable that one or more ancient Rio Grande river bed aquifers similar to the extraordinarily prolific water producer beneath Albuquerque’s northeast heights will be encountered in the subsurface elsewhere in the Rio Grande basin. Successful exploration and development of one or more new well fields with water rights transferred to them would permit restoration of the aquifer beneath Albuquerque, assist in preserving the integrity of Rio Grande Compact deliveries and act as a major regional water reserve in the event San Juan / Chama deliveries are curtailed

10.2.11.4 Study for Very Long Term Import Approaches

Regional planners see the very long term solution to Regional needs requiring desalination and import of seawater. While we are implementing the short term solutions described in this plan, we must start preparing for the long term. Studies should be conducted to understand the feasibilities and obstacles of importing purified seawater to the region. The studies should consider a very broad range of options, regional, statewide, and interstate. For example, consider the Region paying to provide jobs and desalinate water in San Diego, to be run it through existing infrastructure to the Imperial Valley. This could be accomplished in exchange for sending some of the Imperial Valley’s Colorado River Water through existing tunnel infrastructure to the Region.

10.2.11.5 Restore the Socorro/ Sierra’s Bosque

This Regional Water Plan recommends that a program of very rapid restoration of the Bosque throughout the Socorro/Sierra Region be instituted so as to be completed within two years after the City of Albuquerque Drinking Water Project comes on line.

Non-native species in the Bosque consume large quantities of water. Provided replacements are appropriately chosen, removal of these non-native species are seen to present an opportunity to substantially reduce consumption in the Region. The major effect would be to provide more water in the river to meet Compact obligations and to meet environmental obligations. This would reduce the pressure from various sources to divert water from other consumptive uses for Compact and environmental purposes.

Since a major effect of the restoration is to help meet Compact obligations (to which both regions are obligated), and since modeling indicates substantial Compact deficits in the next decade or so, progress and success on this program is seen to be urgent, as well as important. In addition, water saved from the Socorro/Sierra region can be used to transfer water to the Middle Rio Grande Region.

Public Education

10.2.12.1 Develop a Water Education Curriculum for Schools

This plan recommends that school curricula and projects be developed to teach children the importance and value of water in the region. Especially important are issues of water conservation, where water comes from, and cultural values associated with water.

Implement Adult Public Education Programs

Establish region-wide and local public education programs to encourage a more complete awareness of the full range of water related subjects among the citizenry, and to enhance voluntary water conservation programs recommended elsewhere in this section.

10.3 List of Water Projects

A list of capital projects to improve water and wastewater systems developed by the local governments in the region and updated annually is presented in Appendix xxxx [unspecified in the draft] by jurisdiction. These projects are funded by local governments utilizing local, federal, or state funding sources, typically through revenue or general obligation bonds or grants to improve infrastructure and water quality. Approximately $183 million in projects are funded in 2003. If seeking state funds through the state Water Trust Board or the Legislature a requirement of having a local capital outlay program is required.

The Middle Rio Grande Endangered Species Act Collaborative Program, which is funded by xxx [unspecified in the draft], sponsors projects that will benefit protected species, with particular emphasis on the endangered Rio Grande silvery minnow and Southwestern willow flycatcher. Funded projects include habitat restoration, non-native species management, species population surveys, water quality, hydrology and geomorphology research, and silvery minnow egg collection and propagation.

A whole host of groups and parties are removing non-native or exotic species from the Bosque, including but not limited to the Santa Anna Pueblo, Sandia Pueblo, Isleta Pueblo and the City of Albuquerque.

Statement of Public Welfare for the Region

10.4.1 Introduction

This public welfare statement is part of the regional water plan and is presented to provide guidance to the State Engineer in decisions concerning applications for transfer and new appropriations of water rights that affect the Middle Rio Grande Region as required in the Regional Water Planning Handbook. This public welfare statement will accomplish its purpose if conflicts are reduced in the region, and if decisions reflect the long-term future needs of the region, rather than merely responding to immediate demands. This must not be a static, final statement, but an iterative and evolving declaration which is continuously monitored by the public to ensure that it accurately reflects the welfare of the public, always remembering that there are unknown users and perspectives concerning our water resources that will need to be given a voice in the future.

10.4.2 General Statement

Water has many important values to the people in our region which need to be appreciated and fairly balanced to ensure the overall safety, security and well-being for the region. Such values include cultural, economic, environmental and hydrologic viability for the region. In times of scarcity, everyone must share the responsibility for living within the shortage. We recognize the current deficit situation and have a duty to balance water use with renewable supply, starting now and in the future. Decisions should be made so as to keep as many options as possible open for future generations.

10.4.3 Water Transfer Process

We believe the “public welfare” must be safeguarded by the State Engineer through active management of our limited water resources in the decision-making process used to evaluate new appropriations and transfer of water rights. A strong decision-making process supports “public welfare”. Public welfare is equal in importance to the other two statutory criteria (impairment and conservation). Transfers of water rights must be open to all affected stakeholders and use the best available science. The public will be better served: if the process encourages negotiation, not litigation. The process must provide reasonable and timely notice to and allow participation by all parties. Public review must be a part of the State Engineer’s decision-making process. The evaluation of transfer must consider both the positive and negative impacts of the transfer of water rights on both the area of origin as well as the area receiving the water rights. Bona fide reduction in wet water use at the source site must match the transferred water right. When considering water rights, the state engineer should respect an individual’s right to use, lease, sell or transfer that right, to the extent consistent with Public Welfare as defined herein.

10.4.4 Principles and Considerations

The “public welfare” requires that our use of the water resources be consistent with three guiding principles:

#1 - Maintain, improve, and where possible, increase the quality and quantity of the region’s water resources;;

#2 - Promote conservation and reuse of the region’s water resources; and

#3 - Encourage efficient use of the region’s water resources

The state engineer should consider the diversity of water demands and factors when evaluating new appropriations and transfers of water rights: including but not limited to health & safety concerns, economic interests, agricultural interests, environmental interests, social & cultural interests, aesthetic interests, and recreational interests.

• When considering health & safety concerns, the state engineer should strive to maintain and improve the quality of our water resources as a basic human right to safe drinking water.

• When considering economic interests, the state engineer should recognize that the Middle Rio Grande Region is a vital part of the New Mexico economy. Agreements and transfers of water rights should result in long term economic benefit to the Region and the State as a whole.

• When considering agricultural interests, the state engineer should strive to sustain a vibrant and efficient agricultural system, recognizing that agriculture has economic, ecological, historic, and cultural values.

• When considering environmental interests, the state engineer should maintain and improve ecosystem biodiversity. The state engineer should also consider instream flows as being essential for the region1.

• When considering social & cultural interests, the state engineer should protect water uses which support the diversity of cultures and traditions existing in our region. In particular, the sovereignty of tribal nations and pueblos must continue to be recognized. In addition, the promises contained in the Treaty of Guadalupe Hidalgo should be acknowledged and honored2.

• When considering aesthetic interests, the state engineer should strive to maintain and improve the agricultural and riparian greenbelts along the flowing waters and ditches in our communities.

• When considering recreational interests, encourage low consumptive rather than new consumptive recreational uses.

• When considering municipal and domestic needs, the State Engineer should strive to sustain an adequate water supply to meet these needs. The State Engineer should consider local land use plans and decisions where statutorily applicable.