Water. Who controls it? In the Southwest, water has always been the scarce commodity that often determined transportation routes, major business decisions, economic stability and population growth and decline. Confrontations and battles were waged over the control of water and states drew up strict laws and stiff penalties, opening the door to a bonanza of opportunities for attorneys representing everyone and everything even vaguely related to the valuable resource.
Today, there are many uses vying for every gallon of the precious commodity in the Mesilla Valley. The State Engineer in Santa Fe assumes the responsibility for all water within the state, both surface and underground. The Bureau of Reclamation, a federal water management agency responsible for building Elephant Butte Dam, claims that water in the Mesilla Valley, both surface and underground, is their project water. The Colorado, New Mexico and Texas Rio Grande Compact Commissioners say that the water in the valley is part of the legal agreements among the three states and governed by those compacts, and indeed, the federal government states that the compacts override state laws and constitutions. Toss the major water consumers into the mix, like farmers belonging to the Elephant Butte Irrigation District, individual landowners, Dona Aña County, the City of Las Cruces, local land developers and industrial parks, and you have the potential for a royal mess on your hands with legal battles lasting years and even decades.
Since water availability varies wildly from year to year in the desert, one can imagine the tensions and confrontations resulting from drought years. Drought is usually defined as a specific deviation from average rainfall, but also may include the shortfall of water required by area users resulting in damage to crops. Drought might thus be considered the norm in the desert Southwest as opposed to the deviation.
For most of us, drought just means that lawn watering is restricted. The bigger picture, however, is that as our population grows and depletes ground and surface water, pumping costs increase for farmers and industrial users, while deteriorating water quality reduces crop yields and equipment life – raising the cost of food and goods. The cost for communities to both pump water from ground sources and clean it up for human consumption increases, which escalates utility bills, and there are negative impacts on the environment, tourism and recreation. In extreme cases, it can even lead to land subsidence.
Since population growth is not likely to slow, we must all contribute to the intelligent use of this critical resource. That leads to tighter controls, the need for more research and a bit of sacrifice in the daily lives of those choosing to live and work in the Land of Enchantment. Water quality and availability are gaining attention throughout the United States and the world, but it doesn't require a lot of concentration to conclude that water will disappear from the desert Southwest before the rest of the country feels much pain.
In New Mexico, overall control of water falls on the shoulders of one individual – the State Engineer. The position maintains authority to supervise, measure, appropriate and distribute the state's water, both surface and underground. The state owns all water within its boundaries. Entities or individuals acquire rights – property rights, to use and store a specified quantity of it, with the first to put water to beneficial use taking priority over subsequent users and requests. The location and use of those rights can be changed or even sold, but only with permission of the State Engineer.
In evaluating a request for a new appropriation or to change the location or use of an existing right, the State Engineer must determine first and foremost that water is even available, that the appropriation will not impair existing rights, that the intended use meets state water conservation efforts, and that the intended use is not detrimental to the public welfare. Water that flows down the Rio Grande is considered fully appropriated and an equivalent surface-water right must be obtained to offset any ground water use that might deplete the river.
Obviously, there are personal judgments involved in many decisions of the State Engineer, making the appointment by the governor of a candidate to fill the position extremely important and potentially politically oriented. If you have a question or concern with how water is distributed in the state, understand that water control is a complicated patch of thistles, and the place to start is the office of the State Engineer.
Former State Engineer, John D'Antonio, notes that managing water resources in a desert region definitely has its challenges. They will become even more serious with the anticipated lower rainfall, higher temperatures and an increasing population. John, a civil engineer highly qualified in New Mexico water issues, served under both the Richardson and Martinez administrations, but recently chose to return to the U.S. Corps of Engineers, where he began his career.
The City of Las Cruces owns the water rights for its inhabitants and utilizes a variety of tools to manage consumption. A new housing development must acquire additional rights from other users or pay a higher rate to the city for use of its existing rights. Any change in usage involved in a transfer of rights must be publicized with a period for public input and approved by the State Engineer.
The major use of water in New Mexico is for irrigated farming, which is often protected by the fact that farms hold the older rights. Agricultural use of water is, of course, important to the state for food, raw materials, jobs and taxes. Also, keep in mind that when city dwellers are restricted to watering lawns three days a week, farmers may be losing an entire crop or significantly increasing their pumping costs to keep a field productive.
Much research is focused on more efficient use of water in desert farming, but when surface water is at a premium, farmers all take a hit. Those who have access to underground water can make up the deficit, but at a higher cost and using water of poorer quality. In an extreme situation, the State Engineer could also prohibit the use of well water in accordance with the well's priority dates – older wells taking priority over more recent ones, and thus protect underground water sources.
A lot of research is also directed toward more efficient toilets, showers, dishwashers and clothes washers. A water use report issued by the state in 2003 indicated that the use of water-conserving plumbing fixtures and appliances saves 22 gallons per capita per day. That's major in a city of 100,000 people. The use of gray water for lawns, golf courses and parks can also be a major contributor to water conservation, but it all comes with an initial price tag.
We can continue boating, playing golf, drinking clean water and enjoying beautiful landscapes while munching on sandwiches with fresh lettuce and tomato, but we must prioritize use of the words intelligent water usage. You can and should support water-related research and practice individual conservation. Water is critical and you need to make a difference. Water may indeed become the gold standard of the desert Southwest. |
