Ridenbaugh Press/Water Rights

Work toward a new biological opinion, continued drought and the possibility of dealing with even leaner water years in the future brought water managers in the Middle Rio Grande together for some serious discussions in late October.

The two-day meeting was organized by the Bureau of Reclamation with a goal of bringing key decision makers together to identify, prioritize and create action items for the development of water management tools with potential of providing greater flexibility in meeting the needs of water users, fish and wildlife and remaining in compliance with the Rio Grande Compact and the Endangered Species Act.

“We recognize the collective efforts of the agencies in this room in working together to meet many of the requirements of the 2003 Biological Opinion on the Middle Rio Grande over the last decade, and the current efforts of the agencies working toward transition of the Middle Rio Grande Endangered Species Collaborative Program to a Recovery Implementation Program,” said Reclamation’s Albuquerque Area Manager Mike Hamman. “We have the right people in the room at this critical moment to help us to continue to effectively manage the limited water supply.”

As part of the preparation for the meeting, participants from Reclamation, New Mexico Interstate Stream Commission, Albuquerque Bernalillo County Water Utility Authority, Middle Rio Grande Conservancy District and U.S. Fish and Wildlife Service worked to compile a list of potential and beneficial water management tools. The feasibility of implementing these tools to benefit the Middle Rio Grande was the focus discussion throughout the two-day meeting. More than 30 tools were evaluated ranging from seeking authorization to change the way water is managed or stored at certain reservoirs, to developing a mutually agreed upon accounting system for depletions.

Water managers are preparing for what could be another difficult year with most reservoirs in New Mexico already low heading into another winter likely to be dry. October forecasts from the National Weather Service now show that the El Ni?o weather pattern that was expected to bring moisture to New Mexico over the coming months is weak and doesn’t appear to be strengthening.

The impacts of the drought are also evident in the latest Rio Grande silvery minnow population monitoring reports. In spite of the about 56,000 acre-feet of supplemental water released by Reclamation over the last year to help boost Rio Grande flows, September silvery minnow density data is comparable to that collected in 2003. Four of the 20 sites where fish are collected were dry in September and the silvery minnow was found in only three of the remaining 16 sites. In 2003, the silvery minnow was only collected at one of the 20 monitoring sites. With support from the Collaborative Program, the silvery minnow is being actively bred and raised at the city of Albuquerque’s Bio-Park, the New Mexico Interstate Stream Commission’s Los Lunas Silvery Minnow Refugium and the U.S. Fish and Wildlife Service’s Dexter National Fish Hatchery. Plans are in place to augment the population by stocking 297,000 silvery minnow at 15 Middle Rio Grande sites beginning next week. Approximately 100,000 fish were stocked at the Big Bend National Park reintroduction sites last week.

Reclamation is already releasing water that had been leased for 2013 in order to continue to meet the flow requirements of the 2003 Biological Opinion. Water managers point out that a larger stretch of the Middle Rio Grande would have dried much earlier this summer if it hadn’t been for the coordinated efforts and releases of water from storage.

A group of farmers in the New Mexico Rio Grande valley has filed suit against the Middle Rio Grande Conservancy District, arguing that it has inadequately delivered water to them in dry years – like this one, when drought has hit the region hard.

The plaintiffs argued that the first time, first in right approach hasn’t been used in water delivery in the area.

District officials said that in fact it hasn’t, because the district was formed to share the risk in low water times, aiming at equalizing delivery regardless of water right seniority.

A news report noted that “The farmers allege in their suit, filed Wednesday in 2nd District Court in Bernalillo County, that the district is failing to abide by the allocation rules when it distributes water. On paper, a pecking order for water deliveries should be based on when farmland was first irrigated, beginning with pueblo farms, then early Spanish farmland, with the most recently developed farmland theoretically last in line for water in times of scarcity, they say.”

At the Septmeber 10th meeting of the Middle Rio Grande Conservancy District Board of Directors, Vice Chair, Eugene Abeita signed a cost share agreement with Lt. Col. Antoinette Gant with the United States Corp of Engineers.

The agreement commits both agencies to a feasibility study of rebuilding the Rio Grande levees from the town of Bernalillo to Belen.

Results of the study will then be presented to the United States Congress for funding.,

Cost of the study is estimated at roughly $1 million dollars.

The levee revitalization project is estimated to cost $400-$500 million dollars.

Also, the six Middle Rio Grande Pueblos (Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta) have requested releases of their Prior and Paramount water to irrigate P&P lands within the pueblos.

Non-pueblo members must refrain from using P&P water which is destined for the benefit of pueblo irrigators, only.

The MRGCD has utilized all of its stored irrigation water from upstream reservoirs and only the natural flow of the Rio Grande is available for irrigation but currently, the native flow of the Rio Grande is not sufficient to meet the needs of irrigators in the middle valley.

Should conditions change and additional water becomes available, regular irrigation may resume in the middle valley.

The normal irrigation season is set to end on October 31.

The Bureau of Reclamation’s Albuquerque Area Office and U.S. Army Corps of Engineers on April 19 released their Annual Operating Plan for the Middle Rio Grande.

Because the snowpack in the northern mountains is less than half of what is considered an average snowpack, water will be meager in the Middle Rio Grande this year. Reclamation will use previously leased water currently in storage to help meet the flow requirements in the Biological Opinion for the Rio Grande silvery minnow.

In a dry year, the 2003 Biological Opinion requires Reclamation to keep the river wet through Central Bridge. The Isleta and San Acacia reaches of the river can be dried in a controlled manner after June 15.

The Middle Rio Grande Conservancy District expects a shorter irrigation season to end in September, about a month early.

The April forecast data released by the Natural Resources Conservation Service indicates snowpack volumes throughout northern New Mexico are approximately 30 percent of average. The inflow at El Vado Reservoir is expected to be about 115,000 acre-feet of water or about 49 percent of average. The inflow at Heron Reservoir is expected to be about 57,000 acre-feet or about 62 percent of average.

Reclamation will again be cooperating with the Albuquerque Bernalillo County Water Utility Authority and other stakeholders to move water from El Vado Reservoir to Abiquiu on the weekends to allow for rafting flows on the Rio Chama.

Opinion-Editorial: Keep Our Water in New Mexico Craig Roepke, Interstate Stream Commission Deputy Director

In his commentary, “Will the Gila River Flow into Texas,” Dutch Salmon, speculates that the Commission wants to move water from the Gila River to Texas. The suspicions are based primarily on two fears: First, that no one in southwest New Mexico can afford the water. Second, that southwest New Mexico does not need the water. We’re talking about the additional annual average of 14,000 acre-feet of Gila Basin water and up to $128 million in funding provided to New Mexico in the 2004 Arizona Water Settlements Act.

The ISC wants to find uses for the water and funding in southwest New Mexico. Southwest New Mexico does not have an abundance of water. Estimates of the annual regional water deficit range to 30,000 acre-feet. In the AWSA, the ISC negotiated the water and funding for the water specifically for southwest New Mexico. The cost won’t be dirt cheap, but it’s within the reach of communities in southwest New Mexico and even some irrigators.

The ISC has hosted hundreds of public meetings in the region. An evaluation process that began with forty-five proposals from southwest New Mexico stakeholders recently concluded. The evaluation panel represented a diversity of viewpoints and professional expertise including watershed management and restoration, municipal and agricultural conservation, water infrastructure, ecology and endangered species, agriculture, and hydrology. The ISC, with input from stakeholders, adopted a grading scale to score the proposals. The evaluations were unbiased and isolated from lobbying.

At a public meeting on February 29, 2012, the Commission heard comments from many southwest New Mexico stakeholders. Not everyone agreed completely with the evaluation results, but not a single speaker asked the Commission to change the list of projects selected for further consideration. Those sixteen projects include municipal conservation, watershed restoration, infrastructure improvements, and development of the additional Gila water.

A full description of the evaluation process and a list of the recommendations the Commission adopted is posted at http://www.ose.state.nm.us/PDF/ISC/Tier-2 Final/2012 February Gila%20memo – evaluation panel results and recommendations final.pdf

The ISC must tell the Secretary of the Interior by 2014 how the State plans to use the money and water. Over the next two years, the ISC will implement an intensive study of the sixteen proposals, including their technical, legal, economic, and ecologic merits. As in the past, full public input will be gathered.

It took four years of intense negotiations to get the water simply because others want and could use the water. If southwest New Mexico abdicates its opportunity to use the AWSA water, or there is no need or ability to develop the water in southwest New Mexico, it only improves the chances it will be used elsewhere.

The water picture for the Elephant Butte Irrigation District near the Texas-New Mexico line, already “dismal” according to New Mexico officials, could improve – a little – under a proposal offered by New Mexico State Engineer John D’Antonio on April 19.

Replying to a request from Pat Gordon, the Texas commissioner on the Rio Grande Compact Commission, D’Antonio said that a request for 100,000 acre-feet of water – a “relinquishment” – “is not feasible.” He said that determination followed a review of snowmelt runoff and other factors.

He said the El Paso County Water Improvement District “already has almost three-quarters of the available Rio Grande Project supply (almost enough to provide a full supply to its farmers) and any additional water allocated to EPCWID wquld very likely simply accrue to its carryover account for next year. Meanwhile, EBID farmers in New Mexico do not yet have enough water for an initial allocation. Therefore, I want to find a way to help New Mexico farmers within EBID while also minimizing the risk of a future compact delivery shortfall and not significantly affecting the recreation economy at Elephant Butte.

“With the above considerations in mind,” he continued, “New Mexico proposes to relinquish 30,000 acre-feet of its accrued Rio Grande Compact credit currently held in storage in Elephant Butte Reservoir for allocation to EBID and Mexico as further described below.”

The proposal included a signed acceptance by Texas by May 1.

“If accepted,” he said, “this relinquishment would allow EBID to provide an initial allocation of between 4 and 6 inches/acre of water to its farmers in May, would not significantly reduce water levels at Elephant Butte Reservoir over the Memorial Day holiday from what would otherwise occur, and would leave sufficient credit such that New Mexico’s compact compliance would not be jeopardized.”

With a significantly below average precipitation and forecasted runoff in the Rio Grande Basin, Reclamation will initiate releases from Caballo Dam at 8 a.m. on Friday for the 2011 irrigation season with present allotments on the Rio Grande Project at 27 percent of full supply.
Beginning in January, Reclamation notified the Elephant Butte Irrigation District in southern New Mexico, El Paso County Water Improvement District #1 in west Texas, the Republic of Mexico, and the city of El Paso about the anticipated below average irrigation water supply for the 2011 season.

The year-to-date precipitation in the basin is only 77 percent of average with snowpack at only 68 percent compared to 114 percent last year. The March 1st spring runoff forecast into Elephant Butte Reservoir is 52 percent of average with significantly below average precipitation in January of 32 percent. Elephant Butte and Caballo reservoirs are expected to remain at very low storage levels throughout the year. On March 1, 2011, Elephant Butte Reservoir storage was 504,280 acre-feet or 23 percent full, compared to 561,500 acre-feet in storage at the same time last year.

The public should be aware that water levels within the Rio Grande channel will rise and fluctuate throughout the irrigation season, particularly with the initial releases from Caballo Dam of 480 cubic feet per second. The public should also be aware of fluctuating water levels within the Rio Grande natural channel downstream of Elephant Butte Dam, as well as the lake level at Caballo Reservoir during the irrigation season.

Reclamation began water releases through the Elephant Butte Dam power plant on March 1, 2011. The present discharge is 710 cubic feet per second with releases through one turbine. Reclamation uses this discharge to raise Caballo Reservoir water level to its summer operating range and supply storage water for irrigation on the Rio Grande Project.

The Bureau of Reclamation on November 17 celebrated the completion of the first irrigation season in more than two decades that did not result in any drying of the Middle Rio Grande.

The success was attributed to a combination of factors including, careful river monitoring and management, excellent cooperation between Reclamation, the Middle Rio Grande Conservancy District and other partners, a good supply of water to supplement natural river flows and a little timely help from Mother Nature.

“This successful season just demonstrates the tremendous amount of cooperation between water managers and water users,” said Reclamation Albuquerque Area Manager John Poland.

The coordination included water management conference calls several times a week amongst numerous entities including, Reclamation, the Middle Rio Grande Conservancy District, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the New Mexico Interstate Stream Commission, and the Albuquerque Bernalillo County Water Utility Authority.

According to Reclamation records, the last time it went through a full summer without drying any reach of the Middle Rio Grande was 1986.
This year, more than 32,000 acre-feet of water was released from upstream reservoirs to supplement the natural flows of the Rio Grande.

That water had been leased by Reclamation from willing San Juan-Chama contractors including the Albuquerque Bernalillo County Water Utility Authority. Reclamation was also able to coordinate with the Bureau of Land Management and the Water Utility Authority to ensure that water was moved over weekends to allow for increased rafting flows on the Rio Chama south of El Vado Reservoir.

This was the first time that Reclamation and the Corps of Engineers were required to operate under the restrictions of a “Wet Year” under the 2003 Biological Opinion. This was due to good snowpack in northern New Mexico early last spring. This required continuous flows on the river to Isleta Diversion Dam all year and a target flow of 100 cubic feet per second over San Acacia Diversion Dam through November 15. Because the river ran continuously, there was no need for rescue of the endangered Rio Grande silvery minnow from pools as the river dried as in previous years.

Although Reclamation officials are pleased with the success of this irrigation year, they warn that the situation along the Middle Rio Grande is still unpredictable. Reclamation water managers currently believe they have leased enough water to meet the requirements of the 2003 Biological Opinion through at least 2009. However, Reclamation and the Corps of Engineers have initiated the process to seek a new Biological Opinion with the support of their partners in the Middle Rio Grande Endangered Species Collaborative Program before the beginning of the 2010 irrigation season. They are currently modeling various hydrologic scenarios to explore options that will allow the silvery minnow to continue to thrive while using less supplemental water.

U.S. Bureau of Reclamation, Upper Colorado Region Contact: Mary Perea-Carlson (505) 462-3576

The U.S. Section of the International Boundary and Water Commission advises that Rio Grande flood control levees in Presidio County, Texas could fail or be overtopped as flooding worsens in the region. Based on this information, Presidio County officials on September 14 ordered the evacuation of U.S. residents who could be affected. The U.S. levee system is designed to provide protection against a 25-year frequency flood and expected flood flows could exceed this capacity.

The USIBWC operates and maintains 15 miles of Rio Grande flood control levees in the Presidio area, providing protection to 5403 acres of land on the United States side of the Presidio-Ojinaga Valley. Companion levees provide protection to the Mexican side. The U.S. levees range in height from 6 to 14 feet and protect the river reach between Haciendita and Alamito Creek.

Since late August, flood conditions have existed on the Conchos River, a Mexican tributary that flows into the Rio Grande at Presidio, Texas-Ojinaga, Chihuahua. Mexican dams on the Conchos River are full and spilling floodwaters. These flows have created flood conditions in the Rio Grande. USIBWC crews have been in active flood fight operations since September 5, conducting regular levee patrols, using heavy equipment and sandbags to repair levee seepage as needed. An additional crew of 14 was deployed from other USIBWC offices to assist. The USIBWC has also been coordinating closely with Mexican officials regarding flows and dam releases on the Conchos River.

Based on information received from Mexico on September 14 regarding increased discharge from Luis Leon Dam on the Conchos River, the dam closest to the Rio Grande, the USIBWC determined that the resulting flows could cause a failure of the U.S. levee. Luis Leon Dam is experiencing heavy inflow and storage is rapidly approaching the top of flood control capacity. The USIBWC will continue to monitor the levees and conduct any flood fighting operations that can be accomplished without jeopardizing safety.

Residents concerned about Rio Grande conditions should continue to monitor National Weather Service forecasts and any announcements from local emergency managers.

September 15 Contact: Sally Spener 915-832-4175; James Leiman 915-832-4178 915-276-9519

U.S. Senators Pete Domenici and Jeff Bingaman on September 11 advised that the Bush administration’s ongoing opposition should not dissuade Congress from moving forward on legislation authorizing Indian water rights cases in northern New Mexico.

The Senate Indian Affairs Committee today received testimony on the Aamodt and Taos Pueblo Indian Water Rights Settlement Act of 2008 (S.3381), legislation introduced by Domenici and Bingaman in July. Domenici serves on the committee, and Bingaman today testified at the hearing on behalf of the bill.

S.3381 would resolve Indian water rights claims associated with the Rio Pojoaque Basin (Aamodt case) and the Taos Pueblo Indian Water Rights Settlement (Abeyta case).

At the hearing, Interior Department officials, as they have with other New Mexico Indian water settlements, explained the Bush administration’s opposition to S.3381—primarily citing cost concerns raised by the White House Office of Management and Budget. This opposition comes despite the fact that the two settlements include an agreement by the state and local parties to contribute 33 percent of the implementation costs—a substantially higher percentage than other enacted settlements.
“I’m not very happy. After years of difficult negotiations, all the give and take, and all these very real changes to reach this point we only hear about opposition from the administration,” Domenici said. “We ought to approve this bill despite the administration’s opposition. We do not believe we can negotiate for any lesser amount of money and I believe the OBM is making some bad mistakes in its judgment of this bill.”

“The Bush administration’s opposition to this carefully negotiated bill is disappointing but not surprising. These settlements cost less and require a bigger state and local contribution than water rights settlements that this administration has supported in the past,” Bingaman said. “I see no reason for us to stop building support for our bill’s passage. We have a few weeks left in this session and Senator Domenici and I will work hard during that time to gain strong Congressional support for these important water settlements.”
S.3381–as well as a companion House bill (HR.6768) introduced by Congressman Tom Udall–is based on years of extensive negotiations between many parties, including Indian, local, state and federal parties.
The outcome of those talks, reflected in S.3381, will assure water resources for the pueblos while providing for the current and future water needs of non-Indian interests in north-central New Mexico. It would also resolve litigation that has been pending in the federal courts since the 1960s.

The bipartisan legislation would authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the settlement of the water rights claims of the Nambé, Pojoaque, San Ildefonso, Tesuque and Taos pueblos.

The Aamodt settlement includes the construction of a regional water system in and around Santa Fe County that will benefit the pueblos and their non-pueblo neighbors. Project construction plus other benefits to the pueblos are expected to cost the Federal government approximately $160 million within the next decade. The state of New Mexico and Santa Fe County are expected to contribute approximately $117 million towards the cost of the project.

Implementing the Taos Settlement requires funding a number of small projects to help improve water use efficiency; groundwater management; and improve water quality in the Taos Valley. The pueblo will also receive direct funding to manage its water resources. In total, the Taos settlement is expected to cost the Federal government approximately $114 million. The state of New Mexico is expected to contribute another $20 million to the effort.

The Aamodt-Abeyta settlement legislation represents two of the three pending Indian water settlements pending in New Mexico. In April, the lawmakers introduced legislation to authorize the settlement reached to resolve the Navajo Nation’s water rights claims in the San Juan River Basin.

At the hearing, testimony was also received from Charles J. Dorame, chairman of the Northern Pueblos Tributary Water Rights Association, and Gilbert Suazo Sr., councilman, Taos Pueblo.

U.S. Senator Pete Domenici Contact: Bob Muir, (213) 217-6930