1999-2000 Annual Report
The New Mexico Interstate Stream Commission (ISC) was created by Chapter 25 of the Session Laws of 1935. The legislature gave the ISC broad powers to investigate, protect, conserve and develop the waters of the state, both interstate and intrastate.
The statute authorizes the Commission to negotiate compacts with other states to settle interstate controversies, to match appropriations made by the U.S. Congress; to investigate and develop the water supplies of stream systems of the state; and to institute legal proceedings in the name of the state for the conservation, protection and development of public waters. The Act designates the State Engineer as the secretary of the Commission and in that position he directs the work of the staff.
In addition the statutes give the Commission the responsibility for programming, budgeting and directing expenditures of money from the following funds:
Eight of Commission's nine members are unsalaried and appointed by the governor for a term of six years. The appointed members must be representative of major irrigation districts or sections of the state, and no two can be appointed from the same district or section. The chairperson is elected by the Commission. The ninth member and secretary of the Commission is the State Engineer. The Commission members are as follows:
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The Act also authorizes the Commission to employ a staff as may be necessary to carry out its provisions. Employees of the Commssion are listed in the directory in Appendix F.
Norman Gaume, P.E. was the Interstate Stream Engineer in FY2000.
In the text that follows, ISC activities in FY2000 are described for each major river basin under three major headings which reflect the objectives of the ISC's current strategic plan.
INTERSTATE STREAM COMPACT, DECREE AND TREATY ADMINISTRATION
The Canadian River Compact was signed in Santa Fe on December 6, 1950, with New Mexico, Oklahoma and Texas as parties. The compact was subsequently ratified by the respective state legislatures and approved by Congress, becoming effective on May 17, 1952.
The Canadian River Commission administers the compact. Members of the Canadian River Commission during the fiscal year were Leland D. Tillman, commissioner for the United States and chairperson; Philip B. Mutz, commissioner for New Mexico and secretary; Leslie A Kamas, commissioner for Oklahoma; and Roger S. Cox, commissioner for Texas and treasurer. Members of the ISC staff serve as engineering adviser and assist the New Mexico commissioner.
The commission held its 42nd annual meeting in Sanford, Texas, on March 29, 2000. The commission conducted routine business and directed its secretary to prepare the annual report, which was subsequently signed and forwarded to the President and to the Governors of the signatory states. The commission also approved preparation of an updated published report for consideration at the next annual meeting.
The Oklahoma commissioner moved during the meeting that the commission resolve that Texas had violated Articles I, III, and V of the compact regarding construction of Palo Duro Reservoir. The motion died for lack of second. The Oklahoma commissioner noted that the State of Oklahoma had exhausted all avenues of relief before the commission.
Decree in Oklahoma and Texas v. New Mexico
The stipulated judgment and decree entered into on December 13, 1993, in the U. S. Supreme Court case Oklahoma and Texas v. New Mexico provided an operation schedule with annual operating elevation limits for Ute Reservoir. Construction of the Ute Dam Outlet Works Pipeline Replacement Project precluded the operation of the dam to maintain the reservoir at or below the 1999 calendar year operating elevation limit of 3779.91 feet.
Following completion in January 2000 of the pipeline replacement project construction, the compact commissioners for New Mexico and Texas agreed to an operation schedule for evacuation of the water stored in 1999 above the 1999 operating elevation limit, except a pool of 5,000 acre-feet of water to be retained for later release at the call of Texas. The agreement allowed New Mexico to retain inflow, if any, in calendar year 2000 up to the scheduled 2000 operating elevation limit of 3781.28 feet, and provided for deduction of evaporation during the period that the pool of 5,000 acre feet remained in storage.
About 35,000 acre-feet of water was released to the Canadian River from storage in February, March and April 2000. The reservoir content was approximately 194,600 acre-feet at the end of the fiscal year, including about 4,800 acre-feet of water remaining after evaporation, to be released at the call of Texas.
Arkansas River Shiner. The U.S. Fish and Wildlife Service listed the Arkansas River Shiner as a threatened species on November 23, 1998 (63 FR 64771). The rule found that designation of critical habitat was not prudent because it was believed that critical habitat would not provide any additional benefit greater than the listing.
The Arkansas River Shiner is a small minnow historically widespread throughout the western portion of the Arkansas River Basin in Kansas, New Mexico, Texas and Oklahoma. The Canadian River is a tributary of the Arkansas River. The minnow is known to occupy the reach of the Canadian River in New Mexico below Ute Dam. According to the Fish and Wildlife Service, the decline of the species was primarily the result of reduction of stream flows caused by dams, water diversion, ground water pumpage, stream channelization and the introduction of non-indigenous species.
Though threatened in its native range, the minnow is reported to thrive in the Pecos River in New Mexico but is a non-indigenous species of the Pecos. Extirpation of the minnow in the Pecos River may be required in order to recover other native endangered and threatened fish.
A series of court decisions in the last few years have overturned the Fish and Wildlife Service's determinations made for different species that designation of critical habitat would not be prudent. The Service reexamined the question of whether designation of critical habit for the Arkansas River Shiner is prudent based on standards applied in those judicial opinions. The Service agreed subsequently to propose designation of critical habitat for the Arkansas River population of the Arkansas River Shiner as part of a settlement agreement in Center for Biological Diversity v. Bruce Babbitt, et al.
The Fish and Wildlife Service requested information in April 2000 prior to publishing in the Federal Register a proposal for designation of critical habitat for the Arkansas River Shiner that included part of the Canadian River in New Mexico. The ISC responded to the request with information on the water rights of the Commission for Ute Reservoir and a Notice of Intent filed with the State Engineer to appropriate all unappropriated waters of the Canadian River below Ute Dam. The Commission commented on the future necessity of utilization of the renewable water supply of the Canadian River to replace the rapidly diminishing ground water supply from the Ogallala Aquifer that many eastern New Mexico High Plains communities currently depend upon.
The Fish and Wildlife Service published its proposed rule to designate critical habitat for the Shiner on June 30, 2000 (50 CFR Part 17, Vol. 65, No. 127), including the Canadian River in New Mexico downstream from the U.S. Highway 54 bridge near Logan, New Mexico. The Endangered Species Act, Section 4(b)(2), requires that the economic impact of designating critical habitat must be considered. A draft economic analysis report is anticipated early in next fiscal year 2001.
WATER PLANNING AND DEVELOPMENT
The ISC is the owner and operator of Ute Dam and Reservoir and appurtenant land and structures. The resident caretaker performed routine operation and maintenance of the dam and facilities in FY2000. In addition, the caretaker participated in planning meetings of the Ute Water Commission, assisted in the construction oversight for the Ute Dam Outlet Works Pipeline Replacement Project, performed field checking of irrigated agriculture in Quay County for ISC records, operated and maintained one reservoir and three stream gaging stations in cooperation with the U.S. Geological Survey and participated in a water sampling program of Ute Reservoir in cooperation with the Bureau of Reclamation and the Ute Water Commission.
Reservoir Storage, Releases and Spills. The estimated inflow to Ute Reservoir during the fiscal year totaled approximately 42,000 acre-feet with approximately 38,000 acre-feet spilling from the reservoir during the July 1, 1999, through June 30, 2000, reporting period. The reservoir filled and spilled in May 1999; total spill during the period from May 1999 through September 1999 was about 102,000 acre-feet. Releases of approximately 35,000 acre-feet were made in accordance with the operating schedule contained in the stipulated judgment and decree.
Outlet Works Pipeline Replacement. The OSE executed a joint powers agreement in 1997 with the U.S. Army Corps of Engineers for the design and construction of the Ute Dam Outlet Works Pipeline Replacement Project.
A construction joint in the concrete spillway slab of Ute Dam failed during the time of engineering investigations for the outlet works pipeline replacement, and the Corps of Engineers awarded a construction contract to PMR Construction Services, Inc., in 1997 to repair the failed concrete. The cost of the repair including engineering and construction oversight was approximately $30,100.
The outlet works pipeline replacement project proceeded with the preparation of engineering specifications and construction drawings. The Corps of Engineers awarded a construction contract to Special Services Contractors, Inc., on June 24, 1999, and Notice To Proceed was given on July 8, 1999.
The project had been awarded on the basis of replacement of the 36 inch pipeline with a 42 inch pipeline, refurbishment and reinstallation of the existing 42inch butterfly valve and operator, and refurbishment and reinstallation of the existing 48" horizontal cylinder valve. However, following removal and transport of the butterfly valve to a machine shop, it was found that the valve leaf was worn too thin for safe use in the outlet works and a new valve would be required.
The butterfly valve is the primary guard device for the outlet works. A nation-wide search was initiated to find a suitable replacement valve for that service. Fortunately, a new surplus specialty valve was found in the State of Washington, tested successfully at a hydraulics lab in Utah, and transported to Ute Dam with comparatively minimal contractor delay time.
Construction of the outlet works pipeline was completed in January 2000, and the outlet works was released for use on February 1, 2000. Total cost of the project is estimated at $915,000 (un-audited), including the emergency repairs to the concrete spillway, engineering and design work for future construction, and acquisition and installation of the new valve.
Encroachments on Commission Land. Encroachments on Commission owned fee lands and flowage easements were inventoried and photographed. Owners of boat docks without permits and other encroachments were notified that they were in violation and subject to civil and criminal action.
Public Involvement and Boat Dock Policy. The Commission approved a motion during its October 1999 meeting to provide for additional public involvement in matters relating to use of Commission property at Ute Reservoir and for boat docks and related structures.
A public hearing was held in Tucumcari, New Mexico, on December 11, 1999. The Commission determined at the conclusion of the hearing that workshops would be needed to resolve the issues. Two workshops were held, one on January 28, 2000, and one on June 16-17, 2000. In the interim period, a Ute Reservoir Planning Issues newsletter was prepared and published in April 2000. The Ute Reservoir Planning Issues newsletter encapsulated the history of reservoir development, operations requirements and various management concerns.
Two policies to deal with the issues of encroachment on Commission land and boat docks were considered and adopted by the Commission on July 5, 2000.
Ute Reservoir Water Contract. The Commission holds water rights to the water stored in Ute Reservoir. The yield of the reservoir is approximately 24,000 acre-feet of water per year.
The Ute Water Commission is a legal entity responsible for planning the development and distribution of Ute Reservoir water to its member communities. The Ute Water Commission is composed of appointed representatives from the communities of Clovis, Portales, Tucumcari, San Jon, Logan, Grady, Texico, Melrose, Logan, Elida, and Quay County.
The Ute Water Commission entered into an option contract in March 1997 with the ISC to reserve 24,000 acre-feet per year of water to help meet the water needs of these entities and Cannon Air Force Base, which is supplied by the City of Clovis. The projects needed for the delivery of water for municipal and industrial uses are being addressed in the Eastern Plains regional water planning effort. ISC staff met during the fiscal year with the Ute Water Commission regarding the development of a project, formerly named the Eastern New Mexico Water Supply Project but renamed the Eastern New Mexico Rural Water System.
Eastern New Mexico Rural Water System, Quay County Portion
The Bureau of Reclamation received an appropriation of $500,000 by congressional write-in for the Eastern New Mexico Rural Water System in 1998 and 1999. The funding is being used for planning, data collection and environmental compliance for the project, including evaluation of the feasibility of developing a phased project that will focus on construction of the Quay County portion of the project. Ute Reservoir is the source of water supply. The project will consist of pumping plants, a water treatment plant and pipelines to deliver water.
A water quality study and associated water sampling from Ute Reservoir was initiated during FY2000. The Commission's Ute Dam caretaker is participating in the water sampling program.
Lake Meredith Salinity Control Project
The Lake Meredith Salinity Control Project, New Mexico-Texas, was authorized for study in 1980 by Public Law 96-365. The Bureau of Reclamation initiated the investigation in 1985. Reclamation has identified a source of brine inflow to Lake Meredith from an artesian aquifer discharging to the Canadian River downstream of Ute Dam.
Reclamation issued a final technical report in 1985. The report recommended brine interception at the source by well pumping and disposal by deep well injection. An Environmental Assessment/Finding of No Significant Impact was issued in 1986.
The Reclamation Projects Authorization and Adjustment Act of 1992, Title VIII, authorized the Secretary of the Interior to construct and test the Project in accordance with the plan set out in the 1985 technical report. The Bureau of Reclamation has contracted with the Canadian River Municipal Water Authority for the design and construction of the project. Operation and maintenance of constructed facilities upon completion and testing is the responsibility of the Authority.
Project construction was initiated in 1999 with construction of the injection well. Specifications for the remainder of the project were issued in the last quarter of FY2000. The specifications include construction of six to eleven production wells, collection pipelines, injection facilities, shop/office building, and a SCADA system. The production wells will be drilled under a permit issued by the State Engineer. Construction is scheduled to begin early in next fiscal year and be complete in nine months.
INTERSTATE STREAM COMPACT, DECREE AND TREATY ADMINISTRATION
The Colorado River Compact, with the states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming as parties, was signed in Santa Fe on November 24, 1922. Except for Arizona, all parties had ratified the compact by 1929, and the President of the United States proclaimed it effective on June 25, 1929. Arizona did not ratify the compact until 1944.
The Colorado River Compact apportions the use of waters of the Colorado River system to the upper and lower basins. Parts of Arizona, Colorado, New Mexico, Utah and Wyoming constitute the upper basin; the lower basin includes parts of Arizona, California, Nevada, New Mexico and Utah.
The compact does not provide for an administrative commission; instead it provides that each state, through the state official charged with water rights administration, together with certain agencies of the federal government, shall cooperate to:
Lower Colorado River Basin Court Decrees
The 1964 Supreme Court decree in Arizona v. California set forth New Mexico's rights to the waters of San Simon Creek, San Francisco River and Gila River, together designated for reporting purposes as the Gila River basin in New Mexico. Article VII of the decree requires that New Mexico prepare and maintain complete, detailed and accurate records of New Mexico's annual diversions, irrigated acreage and consumptive water use for all purposes from the Gila River basin, including all tributaries and related ground water sources. The ISC has entered into annual cooperative agreements with the U.S. Geological Survey (USGS) for the installation, operation, and maintenance of devices that measure surface water diversions. Office of the State Engineer personnel operate and maintain well meters to document ground water diversions for irrigation. The USGS has, in recent years, sought to transfer responsibility for the surface water measurement program to the State Engineer as well.
There were 55 well meters and 33 devices to measure surface water in operation during the 1999 irrigation season. There were 27 devices in operation to measure surface water as of June 30, 2000. Flow measurement gages on six surface water diversions were not operated during 2000 due to non-use. The Commission purchased and the USGS installed in March 2000 new data recorders for the surface water gages operated during the 2000 irrigation season.
Office of the State Engineer staff conducted the 1999 annual survey of New Mexico irrigated acreage in the Gila River basin to provide data needed to compute the annual consumptive use of water from each stream system. Commission staff is preparing a report for 1999 containing the pertinent data and results. Much of the existing irrigation water uses in the Virden Valley in New Mexico are governed by the Globe Equity Decree, not the Supreme Court's decree in Arizona v. California, and are administered by the court-appointed Gila River Watermaster along with diversions from the Gila River stream system in Arizona. The State of New Mexico is not a party to the Globe Equity Decree.
Upper Colorado River Basin Compact
The Upper Colorado River Basin Compact was signed in Santa Fe on October 11, 1948 with Arizona, Colorado, New Mexico, Utah and Wyoming as parties. The compact was subsequently ratified by the respective legislatures, consented to by Congress and approved by the president on April 6, 1949.
The compact created the Upper Colorado River Commission (UCRC), which does not include Arizona, to administer its provisions. During fiscal year 1998-99, Upper Colorado River commissioners were: Frank E. (Sam) Maynes, chair and the commissioner for the United States; James Lockhead for Colorado replaced by Scott M. Balcomb on September 23, 1999; Philip B. Mutz for New Mexico; D. Larry Anderson for Utah; and Gordon W. Fassett for Wyoming. The UCRC maintains an office and staff in Salt Lake City, Utah. Members of the ISC staff served as engineering adviser and assisted the New Mexico commissioner.
The commissioners and staff of the UCRC directed their efforts in FY2000 toward:
The La Plata River Compact, which governs the terms by which the waters of the La Plata River are to be distributed between Colorado and New Mexico, was signed in Santa Fe on November 27, 1922. The states subsequently ratified the compact in 1923; Congress consented on January 29, 1925.
The compact provides that the state engineers of the two states shall administer the waters of the La Plata River. This requires daily administration of the flows of the La Plata River except from December 1 through February 15. The compact also provides for cooperative collection, exchange, and publication of streamflow data. Commission staff monitor and evaluate the daily operation of the river and assist the State Engineer in administering the compact. The La Plata Conservancy District employs a watermaster to supervise water diversion within the district in New Mexico. The watermaster and the district's board of directors cooperate with Commission staff to collect data necessary for the daily operation analysis.
The total flow of the La Plata River at the Colorado-New Mexico state line was 19,600 acre-feet during water year 1999, about 85% of normal. For the 2000 April-July snowmelt runoff period, state-line flow in the river was 9,900 acre-feet, about 54% of normal.
The Colorado and New Mexico state engineers met in April 2000 to discuss La Plata River Compact administration issues.
Animas La Plata Project Compact. The Animas-La Plata Project Compact was ratified by the New Mexico legislature in 1969 and subsequently approved by the federal government by Public Law 90-537. The compact does not provide for an administrative compact commission, but establishes equivalent priority for the water supply from the Project for both New Mexico and Colorado.
Operating Plan for Colorado River Reservoirs. The Colorado River Basin Project Act, Public Law 90-537, requires that the Secretary of the Interior, in consultation with the Colorado River Basin States, prepare the annual operating plan (AOP) for Colorado River reservoirs. In addition, the Grand Canyon Protection Act of 1992 requires the consultation to include the general public.
The purposes of the AOP are to determine the projected operation of the Colorado River reservoirs to satisfy project purposes under varying hydrologic and climatic conditions, the quantity of water considered necessary to be in storage in the Upper Basin reservoirs, and the water available for delivery pursuant to the determination of "normal", "surplus" or "shortage" conditions to meet the consumptive use requirements of mainstream users in the Lower Division states and Mexican treaty obligations.
Preparation of each AOP is a public process with representatives of the seven Colorado River Basin states, Indian Tribes, hydroelectric power interests, environmental groups and various federal agencies participating, with the Bureau of Reclamation having responsibility to prepare the report for submittal to the Secretary. The AOP for 2001 has not been completed. Reclamation released for comment in late June 2000 its Draft Environmental Impact Statement that analyzes potential environmental impacts of adopting specific interim criteria under which surplus water conditions may be declared in the Lower Colorado River Basin. Following receipt of comments, Reclamation will propose a determination on the operation of Lake Mead for 2001.
Colorado River Simulation System Model Replacement. The Bureau of Reclamation is developing a hydrology and operation model for the Colorado River. This model is based on "RiverWare," a generic modeling tool or framework developed by CADWES of Boulder, Colorado. The replacement long-range planning and policy model will replace the Colorado River Simulation System (CRSS) Cyber model that has been use since the early 1980's and CRSS-ez, a PC-based version of CRSS.
The "RiverWare" model will simulate monthly time steps, with 12 reservoirs and 115 diversion points of the Colorado River. The "RiverWare" model will be utilized for Lower Basin water conservation projects, Lower Basin water banking projects analysis, Colorado River salinity studies and projections to provide data for impact analysis in the Interim Surplus Criteria Draft Environmental Impact Statement, analysis for development of annual operating plans for Colorado River reservoirs and other similar activities of the basin states and the federal government.
Commission staff has participated in many meetings on activities for which the model is being developed and applied, and has furnished information and data for incorporation into the model and comments on model outputs.
Glen Canyon Adaptive Management Work Group. The Grand Canyon Protection Act, Public Law 102-575, approved October 30, 1992, directs the Secretary of the Interior to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established. The Secretary's Record of Decision on the Glen Canyon Environmental Impact Statement mandates development of an Adaptive Management Program (AMP), which includes an Adaptive Management Work Group (AMWG).
The AMWG is a federal advisory committee chartered by the Secretary. The AMWG will facilitate the AMP, recommend suitable monitoring and research and make recommendations. The membership of AMWG is appointed by the Secretary from several federal agencies, the Arizona Game and Fish Department, several Indian tribes, the seven Colorado River Basin states, environmental groups, recreation interests and contractors for federal power from Glen Canyon Dam. The State Engineer has been appointed to represent New Mexico on the AMWG, which meets bi-annually with additional meetings as necessary. Commission staff assisted the State Engineer.
AMWG meetings were held on January 20-21 and July 6-7, 2000. The draft principles and goals of the strategic plan were reviewed during the January 2000 meetings. AMWG members provided comments for the ad-hoc committee's further consideration and then approved the principles and goals on an "interim" basis. The AMWG also tasked the ad-hoc group to begin the development of management objectives and information needs. The ad-hoc committee recommended changes to the interim principles and objectives at the July meeting to accommodate previous comments and provided a draft set of management objectives. AMWG members charged the ad-hoc committee to continue to refine the strategic plan in preparation for approval at a January 2001 meeting.
The final 2001 budget of $6.73 million was approved by AMWG members in January 2000. The "bottom-line" 2002 budget of $7.8 million was approved at the July meeting.
Protocol Evaluation Panels (PEPs) have now been completed on sediment, cultural, terrestrial, trout and physical resources activities. Some reports are final, most are in draft form and some are still not complete. The Grand Canyon Monitoring and Research Center (GCMRC) staff is evaluating these panel recommendations for incorporation into future GCMRC monitoring and research activities.
As a result of continued low runoff during the spring, a low summer steady flow (LSSF) test was initiated in April 2000. Reclamation reported at the July meeting that the test had released relatively high volumes in April through May (17,000-19,000 cfs) with a four-day power plant capacity flow in late May. Releases for June through September would be held to 8,000 cfs. The power plant releases would be steady (i.e., no daily load following). The purpose of the test would be to determine the impact of warmer steady-state habitat conditions on endangered species recovery.
Interim Surplus Criteria Draft Environmental Impact Statement. The decree in Arizona v. California allows the Lower Division states (California, Nevada, Arizona) to use unused apportionments of another state within the Lower Division's 7.5 million-acre-feet (maf) annual apportionment from the mainstream of the Colorado River downstream from Lee Ferry. Because the total use from the mainstream reached 7.5 maf and there is demand for additional water each year, California and Nevada are exploring means to conserve existing water supplies and develop sources in addition to their share of 7.5 maf apportionment.
Water supplies in the basin have been abundant in recent years. Accordingly, the Secretary has been able to declare a "surplus condition" as the criterion governing the operation of Lake Mead for calendar years 1997-2000, thus allowing uses in excess of 7.5 maf from the mainstream in the Lower Basin. The excess use has been in California, whose total use approaches 5.3 maf, about 800,000 acre-feet in excess of California's basic apportionment of 4.4 maf. In addition, water in excess of that required to supply beneficial uses in the United States was determined to be available and a total of 1.7 maf of water was available to be scheduled for delivery to Mexico pursuant to the Mexican Treaty in these years.
The State of Arizona initiated its Arizona Water Banking Authority program in 1996. The program calls for the underground storage of Central Arizona Project water that is available for use within Arizona's yearly apportionment but which otherwise would not be ordered for direct use in a given year. The Banking Authority is also authorized to store a limited amount of water for the benefit of Nevada and California if interstate banking agreements are implemented and the Secretary of the Interior adopts rules to allow the interstate water to be stored and recovered using provisions of the decree in Arizona v. California.
California presented to the other six Colorado River Basin states a draft of a 4.4 (maf) Plan in December 1997. The 4.4 Plan is intended to reduce California's dependence on surplus water from the Colorado River. The 4.4 Plan contemplates conservation measures, water transfers and conjunctive ground water storage and recovery programs. Following lengthy negotiations, entities in southern California holding contracts for Colorado River water and the State of California have negotiated for the transfer of water to the lower-priority California municipal users. The 4.4 Plan also included the expectation that surplus conditions on the Colorado River would continue to be determined through the year 2015. California also proposed criteria for determination of surplus conditions during the interim period through 2015.
In response to California's proposal, the other six states of the Colorado River Basin (Six States) submitted a proposal in 1998 with surplus criteria that had a similar structure to the California proposal but limited the use of surplus water to specific uses depending on the amount of storage in Lake Mead.
California again proposed specific surplus criteria as an attachment to the October 1999 "Key Terms for Quantification Settlement among the State of California, Imperial Irrigation District, Coachella Valley Water District and the Metropolitan Water District of Southern California."
The Bureau of Reclamation released for comment a Draft Environmental Impact Statement for Colorado River Interim Surplus Criteria (DEIS) in late June 2000. The DEIS analyzes potential environmental impacts of adopting specific interim criteria to determine surplus water conditions in the Lower Colorado River Basin for an interim period through 2015. Four possible alternatives, including the Six States proposal and the California proposal, are analyzed plus a "no action" alternative. The DEIS does not include a preferred alternative.
The seven Colorado River Basin states provided in July 2000 a "Working Draft of Interim Surplus Guidelines" for consideration by the Bureau of Reclamation. Reclamation has made a preliminary review of the Working Draft and has made a preliminary determination that the guidelines are within the analysis of the DEIS. Accordingly, Reclamation provided the information for public consideration during the comment period on the DEIS, which runs to September 8, 2000.
Colorado River Salinity. The United States received protests from Mexico beginning in 1961 over the marked increase in the salinity of Colorado River water delivered to Mexico by the United States under the Rio Grande, Colorado, and Tijuana Treaty of 1944. After several more modest, but unsuccessful, attempts to ameliorate the poor quality of Colorado River water at the border, Congress enacted the Colorado River Basin Salinity Control Act, (PL 93-320) in 1974.
The Act authorized the construction, operation, and maintenance of certain works in the Colorado River basin to control the salinity of water delivered to users in the United States and Mexico. Title I of the Act addresses the United States' commitment to Mexico by authorizing a program downstream from Imperial Dam, consisting primarily of a 120-million-gallon-per-day desalting plant near Yuma, Arizona. Title I provided the means for the United States to comply with Minute No. 242 of the International Boundary and Water Commission. Title II authorized salinity-control measures upstream from Imperial Dam. Primary responsibility for the federal program was given to the Secretary of the Interior, with the Bureau of Reclamation being instructed to investigate and build salinity control units. Title II also instructed the Secretary of Agriculture to support salinity control within existing authorities.
Title I, Public Law 93-320. The Yuma Desalting Plant began operation in May 1992, building up to an operation of one third of plant capacity to test the plant facilities and determine operating costs. Operations at the plant were suspended in January 1993.
Following shutdown, the U.S. Bureau of Reclamation reviewed the future operation of the Yuma Desalting Plant, considering the high operation costs and the pressures on the Federal budget. Reclamation recommended maintaining the desalting plant in standby status for the foreseeable future and requested comments from the Colorado River basin states.
New Mexico commented, in summary, that the state had no substantive objection to placing the desalting plant on standby with a clear understanding that the plant is to be maintained to enable restart within a reasonable time, and that Reclamation would continue its program associated with the operation of the desalting plant, including research and development programs focusing on desalting technology, and that the Colorado River Basin states be consulted once each year as to the current status of the desalting plant and the need for it to be prepared for restart. The desalting plant has continued on standby status.
Title II, Public Law 93-320, Amended. The Colorado River Basin states formed the Colorado River Basin Salinity Control Forum in 1973 in response to a proposal by the Environmental Protection Agency and promulgation of a regulation (40 CFR 120) that set forth a basin-wide salinity control policy. The regulation required the Colorado River Basin states to adopt water quality standards for salinity, including numeric criteria and a plan of implementation.
The regulation specifically declared the goal of the Forum and each of the member Colorado River Basin states by stating that salinity control was to be implemented while the basin states continue to develop their compact-apportioned water. Title II of the Colorado River Basin Salinity Control Act (P. L. 93-320), as amended by P.L. 98-569, P. L. 104-20 and P. L. 104-127, authorized salinity reduction measures above Imperial Dam, which are a part of the forum's implementation plan.
The forum's work group holds three or four meetings each year to review the implementation plan and salinity changes; to consider the effectiveness and funding needs of the program for existing and new salinity control projects; evaluate and recommend revisions of approved projects and policies of the forum; recommend for approval by the forum expenditures of basin states funds for the salinity program; and to draft triennial reviews of the water quality standards.
The work group also serves as technical support for the forum in its consideration of the sufficiency and adoption of the water quality standards for salinity; overall program coordination; expenditures of basin states funds for the states' parallel program of project construction; cost-sharing of basin states funds for project construction and general investigations of the U.S. Bureau of Reclamation, the U.S. Department of Agriculture and the Bureau of Land Management; and support of appropriations for the federal agencies role in the plan of implementation. Additionally, the work group serves a technical function to support the federally chartered Colorado River Basin Salinity Control Advisory Committee that is charged with advising the federal agencies of funding needs and salinity program direction.
Section 303(c) of the Clean Water Act requires that water quality standards be reviewed at least every three years. The 1999 review of the water quality standards for salinity, including numeric criteria for salinity of the Colorado River and a revised plan of implementation, was adopted by the forum in FY2000 and was submitted to the New Mexico Water Quality Control Commission for adoption into the Water Quality Standards for Interstate and Intrastate Streams in New Mexico.
It is significant to note that the 1999 Review reported that salinity damages in the Lower Colorado River basin are estimated to be in excess of $750 million annually. Without future controls and continued implementation of salinity control projects, the numeric criteria of the water quality standards for salinity could be exceeded and damages could be significantly in excess of $1 billion per year. Continued funding and implementation of salinity control projects is key to the basin states goal of fully developing their respective compact-apportioned water supplies in the future.
The forum meets at least twice a year and maintains an office in Bountiful, Utah. Member states are assessed shares of the forum's budget. Thomas C. Turney, State Engineer, is New Mexico's representative to the forum and the advisory council. ISC staff participates in the activities of the forum and serves on its work group.
Reclamation carried out salinity studies on the San Juan Basin in Colorado, New Mexico, Arizona and Utah, and is implementing a salinity control project on the Hammond Project near Bloomfield, New Mexico. This project has concrete-lined portions of the Hammond Project main canal and will eliminate an estimated 27,700 tons of salt per year from the Colorado River system at a cost of about $37 per ton when completed. Also, the Natural Resources Conservation Service of the U.S. Department of Agriculture is studying an on-farm salinity control project in the Hogback area. Analysis indicates that the project is feasible and cost-effective. Studies will continue in future fiscal years, as funding is available.
Southwest Willow Flycatcher at Lake Mead. The Center for Biological Diversity, on November 17, 1999, issued a Notice of Intent to sue the Bureau of Reclamation for failure to conserve the southwestern willow flycatcher and failure to consult with respect to operations of Hoover Dam on southwestern willow flycatchers at the Lake Mead Virgin River Delta. New Mexico's interest in the potential lawsuit lies in the ability of the Upper Basin states to deliver water required by the Colorado River Compact and by the potential for precedence that would be established by limiting the ability to store water within the flood and normal pools of reservoirs in which habitat for endangered species becomes temporarily established during low storage levels.
Extraterritorial Application of the Endangered Species Act. A Notice of Intent to sue the Bureau of Reclamation, U. S. National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, U.S. Department of State, U.S. section of the International Boundary and Water Commission and the U.S. Army Corps of Engineers was filed on December 14,1999, by a consortium of environmental groups comprised of American Humane Association, Asociacion Ecologica de Usuarios del Rio Hardy-Colorado, Biodiversity Legal Foundation, Bradshaw Mountain Wildlife Association, Center for Biological Diversity, Centro Regional de Estudios Ambientales y Socioenconomicos, Defenders of Wildlife, Earth Island Institute, El Centro de Derecho Ambiental e Integracion Economica del Sur, A.C., El Centro de Estudios de Desierto y Oceanos, Forest Guardians, the Humane Society of the United States, In Defense of Animals, Sierra Club, and Southwest Toxic Watch. The purpose of the potential lawsuit would be regarding the effects of agency operations along and oversight of the lower Colorado River on threatened and endangered species and critical habitat that the notice of intent relates to the following threatened or endangered species: Colorado squawfish, humpback chub; bonytail chub; razorback sucker, Yuma clapper rail, Southwestern willow flycatcher, brown pelican, bald eagle, and peregrine falcon.
The Defenders of Wildlife et al., v. Babbitt et al., filed on June 28, 2000 in the Washington D.C. District Court pursuant to Notice of Intent to Sue described above. Relief sought by the lawsuit is an order declaring that Reclamation, Fish & Wildlife Service, and the National Marine Fisheries Service are in violation of the ESA and ordering Defendants to comply with the ESA and Administrative Procedures Act, to utilize authorities in furtherance of the purposes of the Endangered Species Act, i.e. consult on activities within the United States which may impact endangered species in Mexico, consult on impacts beyond 5-year period, avoid jeopardy/take and conserve the species.
The Plaintiffs allege that Reclamation has the authority to take actions that would result in the dedication of Colorado River water for the Colorado River Delta in Mexico.
It is New Mexico's understanding that the Lower Colorado River Basin States and water interests have moved to intervene in this case. New Mexico and the other Upper Colorado River Basin States are considering intervening in this case.
San Juan River Basin Recovery Implementation Program. The governor of New Mexico signed a cooperative agreement in November 1992 for the state to participate in the San Juan River Basin Recovery Implementation Program to recover endangered fish species in the San Juan River basin.
The implementation program's dual goals are to conserve populations of Colorado pikeminnow and razorback sucker in the basin and to proceed with water development in the basin. Staff of both the N.M. Game and Fish Department and the ISC participates in implementation program activities. Other participants in the implementation program include: the U.S. Fish and Wildlife Service; Bureau of Reclamation; Bureau of Indian Affairs; Bureau of Land Management; State of Colorado; the Southern Ute, Ute Mountain Ute and Jicarilla Indian tribes; the Navajo Nation; and water development interests. ISC staff also participate as members of the Coordination and Navajo Dam Operations Committees of the program, and serve on ad hoc committees and subcommittees dealing with funding hydrology and ESA Section 7 consultations issues.
The U.S. Fish and Wildlife Service issued in April 1994 the final rule designating 1,980 miles of the Colorado River and its tributaries as critical habitat for four endangered fish species. Parts of the San Juan River in New Mexico were included in the critical habitat designated for the Colorado squawfish, which was renamed the Colorado pikeminnow in 1999, and the razorback sucker.
The designated critical habitat included the reach of the San Juan River in New Mexico from Farmington to the Four Corners for the Colorado pikeminnow and from the Hogback to the Four Corners for the razorback sucker. The designation of critical habitat should not affect the Implementation Program because recovery of the species would include protection of needed habitat.
The implementation program's Biology Committee, in FY2000, conducted research, collected field data, worked on a program synthesis report that summarizes program activities and findings through the research period of the program, updated the program's long-range plan and a budget for the program's long-range plan, and began work on designing and implementing fish passage for endangered and native fish at the diversion structures for the San Juan Power Plant, the Hogback Irrigation Project and the Cudei irrigation diversion. The Bureau of Reclamation began preparation of an environmental impact statement to implement recommendations for flows needed to provide for the habitat needs of endangered fish populations in the San Juan River and for operating rules for Navajo Dam to meet the recommended flows that the implementation program adopted during the previous fiscal year.
The Flow Recommendations report indicates that the Animas-La Plata "Lite" Project and Navajo Indian Irrigation Project may be fully developed without infringing on the flow recommendations, but that the flow recommendations may influence or inhibit other future water development in the basin.
The Biology Committee also has identified a need to implement capital works to recover the endangered fish in the San Juan River, at a tentatively estimated cost of about $18 million. These works include: fish propagation and rearing facilities, fish passage structures at diversion dams, fish screens on diversions, and physical habitat modifications which may include Navajo Dam release temperature control.
Riprap material for fish passage at the Hogback diversion began to be stockpiled during FY2000. Passive fish passage will be provided at the Hogback. The Cudei diversion will be removed altogether, and lands under the Cudei system will be served by a siphon to be constructed and tied into the Hogback Project. Selective fish passage that would only allow native fish to move upstream is being designed for the Public Service Company of New Mexico San Juan Generating Station's San Juan River weir.
Work continued to refine and pass proposed congressional legislation to provide for federal and other funding to implement both these capital works and similar capital works to recover endangered fish in other regions of the Upper Colorado River Basin. Work by some program participants also continued through an Ad Hoc committee on the development or refinement of a hydrology model for the San Juan River Basin that has been and will continue to be used to assess the availability of water supply for meeting endangered fish flow and habitat needs and water development needs.
San Juan River Basin Hydrology Model. The Bureau of Reclamation began an effort in 1995 to develop a hydrology and operation model of the San Juan River. The San Juan River Basin Recovery Implementation Program's Biology Committee recommended development of a standardized operation model for use during the flow recommendation development process, a part of the recovery program for the endangered fish. Reclamation and the Bureau of Indian Affairs took the lead in model development.
An Ad Hoc committee that does not have official status in the Recovery Implementation Program was formed by these two agencies in 1997 to allow for input from other interested parties. This Ad Hoc committee meets periodically since beginning in 1997 to review model input, calibration and verification and to provide comment on the model development. Participants have included representatives of the Bureau of Reclamation, the Bureau of Indian Affairs, the U.S. Fish and Wildlife Service, the states of New Mexico and Colorado and the Southwestern Water Conservation District. ISC staff represents New Mexico on the Ad Hoc Committee.
The resulting San Juan River Basin hydrology model is based on "RiverWare," a generic modeling tool developed by CADSWES of Boulder, Colorado. "RiverWare" has been in a state of development, with new functionality added and continual changes in the rule language made during the course of the San Juan modeling project. Because this modeling tool will continue to be used to analyze the capability of the river system to meet flow recommendations, on-going changes and updates to the model are likely to continue. A list of recommended upgrades to the model and input data was developed and prioritized during FY2000 for future implementation. The Bureau of Reclamation has the primary responsibility of operating the model and to physically maintain the model and model software, with input from the states and other stakeholders.
However, use of the hydrologic model in the work of the San Juan River Basin Recovery Implementation Program or in ESA Section 7 consultation or NEPA compliance activities by federal agencies has not constituted agreement or approval by individual Program participants with the model data, methodologies or assumptions. It continues to be New Mexico's position that the model data, methodologies and assumptions are not fully accurate and do not under any circumstances constitute evidence of actual water use, water rights or water availability under compact apportionments and should not be construed as binding on any party. Furthermore, use of the model, model data, methodologies and assumptions does not change the responsibilities of the respective states to maintain records of water rights and water use.
Navajo Indian Irrigation Project Section 7 Consultation. A Section 7 consultation on the Navajo Indian Irrigation Project (NIIP) between U.S. Fish and Wildlife Service and the Bureau of Indian Affairs for Blocks 1 through 8 of the irrigation project was finalized in October 1991. The resulting final biological opinion allows for continued construction of Block 8 with the following conditions:
A similar Section 7 consultation for construction of Blocks 9 through 11 and for full irrigation for Blocks 1 through 8, with return of transferred water back to the Hogback and Fruitland projects, was requested on December 11, 1991. This consultation resumed during FY1999 after the San Juan River flow recommendations were adopted by the Recovery Implementation Program, and it was finalized in FY2000 in July 1999.
The resulting biological assessment and opinion of the Fish and Wildlife Service allows for construction of Blocks 9-11 with the following conditions:
Spike Dace and Loach Minnow in Gila River Basin. The U.S. Fish and Wildlife Service listed the spike dace and the loach minnow in 1986 as threatened species under the Endangered Species Act. The Service designated 202 miles of the Gila River and its tributaries in New Mexico and Arizona as critical habitat for the two threatened fish in 1994. The status of the species remains unchanged.
WATER PLANNING AND DEVELOPMENT
Upper Colorado River Basin Development
Much of the water use apportioned to New Mexico by the Upper Colorado River Basin Compact is put to use through projects in the San Juan River basin developed and operated by the U.S. Bureau of Reclamation. These projects include Navajo Dam and Reservoir, the Hammond Project, the Navajo Indian Irrigation Project and the San Juan-Chama Project. The San Juan-Chama Project is a transbasin diversion that diverts water from San Juan River tributaries into the Rio Grande, and is described herein in the section on Rio Grande basin development. In addition to operation of these projects, the Bureau of Reclamation continues its studies of the Animas-La Plata Project and the Navajo-Gallup Water Supply Project.
Navajo Dam and Reservoir. Navajo Dam and Reservoir was constructed and is operated by the Bureau of Reclamation. The reservoir provides river regulation pursuant to the Colorado River Storage Project Act, and provides storage for the Navajo Indian Irrigation Project, the Hammond Project and for municipal and industrial uses.
In addition, the 1992 Jicarilla Apache Water Rights Settlement Act authorizes a settlement contract between the Secretary of the Interior and the Jicarilla Apache Tribe under which the Tribe will receive water from the Navajo Reservoir supply and the San Juan-Chama Project. The contract, signed on December 8, 1992, provides that the Tribe may divert up to 33,500 acre-feet per year from Navajo Reservoir and receive up to 6,500 acre-feet per year through the works of the San Juan-Chama Project. However, the Settlement Act limits the total depletion of the Navajo Reservoir supply by the Tribe to 25,500 acre-feet per year. The settlement contract also contemplates that the Tribe can market its water for use outside the reservation until such time as the total amount of water can be used within the reservation, subject to and not inconsistent with all the conditions of state law and applicable federal law.
The Tribe's water rights were adjudicated in a partial final decree entered in the San Juan River Adjudication suit in February 1999. The Public Service Company of New Mexico negotiated a contract with the Jicarilla Apache Tribe during FY2000 to lease annually 16,200 acre-feet of the Tribe's Navajo Reservoir supply water for use at the Company's San Juan Power Plant for the period 2006-2027. The Company's current contract with the Secretary of the Interior for the same amount of water expires at the end of 2005.
Navajo Dam and Reservoir have been operated since 1991 so that downstream flow hydrographs would mimic natural spring snowmelt runoff patterns. This operation is believed to benefit endangered fish populations in the San Juan River. The Coordination Committee of the San Juan River Basin Recovery Implementation Program during FY1999 adopted the Biology Committee's recommendations for flows deemed necessary to provide for habitat needs of endangered fish in the San Juan River downstream from Farmington. Included in the report were recommended operating rules for Navajo Dam which would meet the needs both of users of the Navajo Reservoir supply and endangered fish. Reclamation began preparation of an Environmental Impact Statement on implementation of the recommended Navajo Dam operating rules during FY2000. The ISC is a cooperating agency in the development of the EIS, and Commission staff participates as members of the steering committee of cooperators and the technical hydrology committee.
The recommended operating rules for Navajo Dam consider year-round base-flow releases as well as spring runoff releases. Navajo Dam has been operated in past years to release a base flow of about 500-600 cubic feet per second (cfs). For two weeks in January 1996 and for four months from November 4, 1996 through March 2, 1997, Reclamation reduced the Navajo Dam release rate to a minimum of 250 cfs. The purpose of the reduced release rate is to study the effects of lower winter flows on San Juan River resources, including water quality, wetlands, endangered-fish habitat, the tailwater trout fishery and waterfowl.
The study findings indicate that the lower winter flows did not appear to cause significant adverse impacts to these resources. However, the lower winter flows did result in a significant reduction in power generation by the City of Farmington at its Navajo Dam hydroelectric power plant. Reclamation planned to perform a five-day test with the Navajo Dam release rate reduced to 250 cfs during July 2000 to study the effects of lower summer flows on physical habitat and diversions in the San Juan River above Farmington. Recommended high springtime releases from Navajo Dam cause some damage to downstream diversions under existing river-channel conditions.
Navajo Indian Irrigation Project. The Navajo Indian Irrigation Project (NIIP) was authorized by Public Law 87-483 in 1962. Construction of the delivery canal from Navajo Reservoir commenced in 1964, and the first irrigation water was delivered to Block 1 in the spring of 1976.
The Navajo Agricultural Products Industry (NAPI), formed by resolution of the Navajo Tribal Council, is responsible for the operation and management of the project's irrigation works and for the farming and marketing activities of the project. NAPI also assumed the operation and maintenance of the NIIP water-delivery system from Navajo Reservoir in 1985.
The NIIP is now approximately 58 percent complete, with the water-delivery system operational for 63,871 acres on Blocks 1-7. Also, canal structures are complete that will serve additional acreage.
A total of 60,039 acres received water in Blocks 1-7 during the 1999 irrigation season. Diversions from Navajo Reservoir totaled 113,700 acre-feet.
San Juan-Chama Project. The San Juan-Chama Project is a transbasin diversion of water that is authorized to divert water from the San Juan River, a tributary of the Colorado River, into the Chama River Basin, a tributary of the Rio Grande. The water is diverted from tributaries to the San Juan River and brought through a tunnel crossing the continental divide to the Chama River drainage, where it is stored in Heron Reservoir until it is released to its New Mexico contractors.
Contractors for San Juan-Chama Project water include the City of Albuquerque, the Middle Rio Grande Conservancy District, the City of Santa Fe and several small municipal and irrigation water users in the Rio Grande Basin. The firm annual yield from Heron Reservoir is 96,200 acre feet. It is expected that about 108,000-110,000 acre feet per year, on average, will be diverted from the San Juan River basin to supply the firm yield contracted from Heron Reservoir.
Diversions from the San Juan River basin by the San Juan-Chama project in any given year are limited by the available water supply. The project has three diversion points, all in Colorado, one each on the Blanco River, the Little Navajo River and the Navajo River. The diversions are operated by the Bureau of Reclamation to prevent injury, impairment or depletion of existing or future beneficial uses within the State of Colorado, and to not deplete minimum bypass flows required for the preservation of fish and aquatic life in the Blanco and Navajo rivers. The total diversion from the San Juan River basin into the Rio Grande basin during calendar year 1999 was 118,900 acre-feet.
Animas-La Plata Project. The project was authorized by Public Law 90-537 in 1968. An initial appropriation to begin construction was authorized by the Congress and construction officially began with a groundbreaking ceremony in October 1991, following release by the U.S. Fish and Wildlife Service of its final biological opinion for the project.
A coalition of environmental groups filed a complaint in February 1992 for declaratory and injunctive relief against the Bureau of Reclamation alleging violations of the National Environmental Policy Act and the Clean Water Act. The complaint requested that construction of the project be enjoined until the requirements of the two Acts are met.
Reclamation withdrew from its construction activities initiated in 1991. Reclamation then decided in April 1992 to supplement its 1980 Final Environmental Impact Statement for the project to address the issues raised in the complaint, and to address certain other issues. Reclamation prepared its Final Supplement to the 1980 Final Environmental Impact Statement in 1996.
Also in 1996, in an attempt to resolve the continuing disputes over the project outlined in the 1996 Final Supplement, Colorado's Governor Romer and Lt. Governor Schoettler convened the project supporters and opponents in a process seeking resolution of the controversy and consensus on an alternative to the proposed project. The Romer/Schoettler process did not achieve consensus. The process did produce two alternatives.
One alternative, called the Animas-La Plata Lite, would consist of an off-stream storage reservoir at the Ridges Basin site to provide water for the two Colorado Ute Tribes, municipal and industrial water for use in Colorado and New Mexico, and a limited supply for irrigation use in both states. However, no irrigation facilities would be included. The proposal would require Congressional approval.
The federal government proposed in mid-1998 a project that would consist of only three facilities; a small Ridges Basin Reservoir, a pumping plant to divert water, and a conduit to convey the diverted water from the Animas River to the reservoir site. No other facilities would be provided. These facilities would supply waters solely for municipal and industrial uses to the two Ute Tribes, the Navajo Nation and non-Indian entities in Colorado and New Mexico with annual depletions of 57,100 acre-feet per year, an amount that had been approved under previous Endangered Species Act consultation.
The proposal also would establish a water acquisition fund that could be used by the Ute tribes for a variety of purposes including the acquisition of existing water rights. The water supply from Ridges Basin Reservoir, coupled with the water acquisition fund for securing existing rights, would satisfy all outstanding tribal claims on the Animas and La Plata Rivers.
Reclamation prepared a Draft Supplemental Environmental Impact Statement (DSEIS) on the Administration Proposal and other alternatives suggested in the Romer/Schoettler process, which was released for comment in January 2000. The ISC submitted extensive comments on the DSEIS. Reclamation issued its Final Supplemental Environmental Impact Statement in July 2000.
Meanwhile, the proponents of the project worked with the congressional delegations to prepare legislation that would authorize construction of Ridges Basin Reservoir, a pumping plant and conduit that would supply water to the two Ute Tribes, the Navajo Nation and non-Indian entities in Colorado and New Mexico with annual depletions totaling 57,100 acre-feet. Bills were introduced in both the House of Representatives and the Senate. No floor action was taken on either bill prior to the summer recess of Congress in August 2000.
Navajo-Gallup Water Supply Project. The Navajo-Gallup Water Supply Project would deliver water from Navajo Reservoir to Gallup and communities on the Navajo Reservation in both New Mexico and Arizona for municipal and domestic water uses. The Bureau of Reclamation continued its feasibility planning study for the project during FY2000, and it held public scoping meetings on the project to initiate the process of developing an Environmental Impact Statement for the project. The Bureau of Indian Affairs has the role of lead federal agency for the purpose of pursuing Endangered Species Act Section 7 consultation on the project with the U.S. Fish and Wildlife Service.
ISC staff participates with the federal agencies, the Navajo Nation, the City of Gallup and others on a steering committee, which provides oversight to the planning, process for the project.
Lower Colorado River Basin Development
Little Puerco Wash Flood Control Project. The U.S. Army Corps of Engineers completed a feasibility study of flood control works for the Little Puerco Wash to protect the City of Gallup, McKinley County. The study was conducted under the authorization in Section 205 of the 1948 Flood Control Act (Public Law 80-858). Section 205 authorizes to Chief of Engineers to plan and construct small local protection projects. The City of Gallup signed a cost sharing agreement with the Corps on September 30, 1996.
The project includes a retention dam 42 feet in height, roller-compacted concrete spillway, channel improvements, and habitat mitigation to replace 2.5 acres of riparian vegetation. Design and preparation of drawings and specifications was begun in May 2000, but was delayed to address needs of Los Alamos following the Cerro Grande forest fire. The Corps expects to re-initiate the design phase in October 2000, depending on availability of federal appropriation of funds for the project in the 2001 federal fiscal year.
Central Arizona Project New Mexico Unit. Public Law 90-537, enacted in 1968, authorized Hooker Dam and Reservoir, or a suitable alternative, as a unit of the Central Arizona Project. The legislation authorized the U.S. Department of the Interior to contract with water users in New Mexico for water from the Gila River in amounts that would permit an average of 18,000 acre-feet of water to be consumptively used in New Mexico per year, in addition to the consumptive use provided for by the 1964 decree in Arizona v. California.
The increase in consumptive use could not begin until, and would continue only so long as, Colorado River water is delivered to downstream Gila water users in Arizona to offset the new use in New Mexico and is in accordance with the authorizing act. Public Law 90-537 also provides that the additional consumptive use in New Mexico can be made only so long as it will not cause economic injury to any downstream water user.
The Bureau of Reclamation initiated the Upper Gila Water Supply Study to evaluate Hooker Dam and its alternatives in 1982. Alternative plans have since been devised to develop New Mexico's authorized Central Arizona Project water supply.
The U.S. Fish and Wildlife Service in 1986 listed two fish, the spike dace and the loach minnow, as threatened species under the Endangered Species Act. The Service designated critical habitat for the fish in 1994, totaling 202 miles of the Gila River and its tributaries in New Mexico and Arizona. The results of a 1987 Bureau of Reclamation economic analysis entitled Upper Gila Water Supply Study Special Report on Alternative shows that a part or all of the authorized New Mexico water supply might be developed in a manner that is consistent with protecting the endangered fish species inhabiting the Gila River.
The economic analysis also determined that the current recommended alternative would be to delay project implementation until about the year 2010 when existing available groundwater supplies are no longer adequate to meet the needs of the municipal and industrial water users in the Grant County area. Based on this information, the Bureau of Reclamation proposed to defer expending staff and monetary resources on additional planning until conditions that would affect the economic analysis change or until the 2010 date becomes imminent. The ISC acted in 1987 to concur with Reclamation's recommendation that additional planning for the Upper Gila water supply be deferred.
The 1998 New Mexico Legislature appropriated $100,000 to the ISC to reassess the water needs of southwest New Mexico that might be met through development of water by a New Mexico unit of the Central Arizona Project. These funds supplement regional water planning funds granted to the region by the ISC and will be used to assess needs in conjunction with regional water planning activities during Fy2001. Negotiations to produce this work between the regional water planning entity for southwest New Mexico and the Commission occurred during FY2000.
INTERSTATE STREAM COMPACT, DECREE AND TREATY ADMINISTRATION
The Pecos River Compact was entered into by the states of New Mexico and Texas on December 3, 1948. The compact was subsequently ratified by the respective state legislatures and approved by Congress, becoming effective June 9, 1949. The Pecos River Commission in FY2000 was composed of Hector Villa, III, Chair and representative of the United States; Colin McMillan, Commissioner for New Mexico; and J.W. Thrasher, Jr., Commissioner for Texas. Staff of the ISC served as engineering advisor and assisted the New Mexico commissioner.
The Pecos River Commission approved a budget of $155,715 for FY2001 at its April 6, 2000, meeting in Santa Fe and decided to use its budget to fund the operation of two formerly federally operated Pecos River gages needed for Pecos River Compact accounting. The Rio Penasco gage at Dayton and the Four Mile Draw gage near Lakewood were discontinued by U.S. Geological Survey due to lack of funding. The Pecos River Commission passed two resolutions:
Water Delivery Obligation for 1999. The federal Pecos River Master is to determine New Mexico's delivery obligations to Texas on the Pecos River each year under the 1988 U.S. Supreme Court amended decree in Texas v. New Mexico. Neil S. Grigg, the current Pecos River Master, found that for calendar year 1999, New Mexico's water delivery to Texas exceeded its delivery obligations by 1,400 acre-feet. This brings New Mexico's accumulated delivery overage to 22,900 acre-feet.
Water Resource Conservation Project. The U.S. Supreme Court found in Texas v. New Mexico that New Mexico had under-delivered to Texas, on average, 10,000 acre-feet per year during the period 1950-1983. New Mexico was allowed to clear its past debt by a payment of $14 million to Texas. However, the court mandated that New Mexico deliver its future water obligations to Texas on an annual basis without ever incurring a net shortfall.
The New Mexico Legislature, in response to the court order, directed the Commission to purchase and retire adequate water rights to increase flows of the Pecos River to meet compact obligations, and to avoid catastrophic economic consequences that may result from a water call in the Pecos River Basin and net shortfalls in deliveries to Texas. Also, the legislature authorized the sale of severance tax bonds to fund this purpose. Appropriations were made in later years from the Irrigation Works Construction Fund.
Approximately $28 million was spent on the Pecos River water rights acquisition program between 1991 and 2000; $16.3 million on the purchase and retirement of 25,500 acre-feet of water rights, $11 million on leases of water to meet short-term delivery needs and $500,000 on administrative, professional and appraisal fees. Another $3 million is in an escrow account pending closing of a major water rights purchase.
Pecos Pupfish. The U.S. Fish and Wildlife Service initiated in 1991 the process of proposing the listing of the Pecos Pupfish (Cyprinodon pecosensis) as an endangered or threatened species pursuant to the Endangered Species Act. The Pecos Pupfish is currently found in New Mexico only in the Pecos River and in some tributaries and sinkholes in Chaves and Eddy counties.
A conservation agreement to address the threats to the survival of the Pecos Pupfish was executed by several parties including the State Engineer in March 1999. The conservation agreement resulted in the U.S. Fish and Wildlife Service withdrawing its proposal to list the Pecos Pupfish as an endangered species in March 2000.
Pecos Bluntnose Shiner. The U.S. Fish and Wildlife Service issued a biological opinion on August 5, 1991, finding that operation of the Pecos River reservoirs by the Bureau of Reclamation harmed the Pecos Bluntnose Shiner (Notropis simus pecosensis). The shiner is federally protected as a threatened species under the Endangered Species Act.
The Bureau of Reclamation, U.S. Fish and Wildlife Service, New Mexico Department of Game and Fish and Carlsbad Irrigation District entered into a Memorandum of Understanding (MOU) on January 13, 1992, to address threats to the survival of the shiner. The MOU provided that Reclamation would fund a five-year study by the Fish and Wildlife Service and the Department of Game and Fish. The study was to determine the biologic and hydrologic needs of the Pecos Bluntnose Shiner and develop a water-budgeting hydrology model based on daily flows for the reach of the Pecos River from Santa Rosa Dam downstream to the headwaters of the Brantley Reservoir.
The research under the MOU ended incomplete in 1996 and the MOU was extended in February 1997 for a period of three years to complete the data analysis, interpretation of results and management recommendations. The Office of the State Engineer joined the extended MOU in 1997. Draft final reports were submitted to the Commission for review in July, 1999, but have not been finalized.
Reclamation took over operation of Sumner Dam in November 1998 to provide a minimum flow of 35 cubic feet per second at the Acme gage on the Pecos River (north of Roswell) for protection of the shiner. Reclamation projected that this minimum-flow regime would increase the depletion of Pecos River water from 5,000 to 13,000 acre-feet per year.
The Commission and Reclamation entered into a lease agreement on November 13, 1998, to implement the Commission's policy goals that Endangered Species Act recovery activities take place within the framework of state law and that any new depletions be accompanied by water-rights offsets or compensation. The agreement provided that the Commission would lease to Reclamation the water held in the Pecos Water Resource Conservation Project to offset any depletions caused by the minimum-flow regime. The lease further provided that Reclamation would make its best efforts to offset any new depletions with other valid New Mexico water rights to protect New Mexico's ability to meet its Pecos River Compact obligations.
The State Engineer approved on April 23, 1999, two Bureau of Reclamation applications for temporary permits to transfer 2,600 acre-feet of ground water from wells drilled in the Roswell aquifer as a partial offset to the 3,000-4,000 acre feet depletion estimated to result from Reclamation's operations at Sumner Dam. The water rights are associated with irrigation at Reclamation's Seven Rivers Ranch and Karr Farms. The lease and the permits established an important precedent for future Endangered Species Act recovery activities.
The lease agreements between the Commission and Reclamation have been renewed through October 31, 2000, and efforts are underway to renew the lease agreements through October 31, 2004. Reclamation provided nearly 2,015 acre-feet of water to the Pecos River during the period from November 1, 1998, through October 31, 1999, to offset depletions and it was not necessary to lease Commission water rights to Reclamation.
Pecos River Water Operations and NEPA Compliance. Reclamation initiated in February 1997 compliance with the National Environmental Policy Act of 1969, as amended, (NEPA) regarding water operations on the Pecos River in New Mexico. The Office of the State Engineer became a cooperating agency in the process at that time. The Commission formally joined as a cooperating agency in the ongoing NEPA process in March 1999 and became a joint-lead agency in February 2000, with Reclamation, to conduct the NEPA compliance on Pecos River operations.
Commission staff is actively participating in all facets of the ongoing environmental impact statement process including participation in several technical work groups. Commission staff co-leads the hydrology, biology and water depletion offset work groups.
WATER PLANNING AND DEVELOPMENT
Gaging Stations. The Commission funded four new stream gaging stations in the Pecos River Basin during fiscal year 1999-2000, two on Rio Penasco, one on Blue Springs and one on the Black River.
East Grand Plains Drainage Study. The Bureau of Reclamation, Pecos Valley Artesian Conservancy District and the Office of the State Engineer signed a memorandum of understanding (MOU) in 1997 to cooperatively monitor rising shallow water levels in the Pecos Valley. As a test program, East Grand Plains Drainage District was selected to monitor shallow water levels by installing 42 shallow monitoring wells. Analyses of data collected to date indicate that water levels have risen since 1997 in certain parts of the East Grand Plains Drainage District.
Phreatophyte Control. Phreatophytes are plants that habitually obtain water supply from the zone of saturation, either directly, or through the capillary fringe. Congress enacted Public Law 88-594 in 1964 to authorize the Bureau of Reclamation to carry out a program of phreatophyte eradication and management in the flood plain of the Pecos River extending from Santa Rosa, New Mexico, to Girvin, Texas. The states of New Mexico and Texas are responsible to acquire such lands, easements, rights of way, and other interests in lands as are necessary to carry out the program.
No new phreatophyte clearing was undertaken due to funding restrictions by the New Mexico legislature, but all of the previously cleared areas in New Mexico (33,230 acres) were kept clear by root plowing during FY2000. The Commission has contracted with Reclamation for acquisition of new and permanent easements required for the program.
The Commission opened office space adjacent to the Office of the State Engineer District 1 office in Albuquerque in FY2000 to house staff involved with the administration of Rio Grande Basin matters. The Commission's Albuquerque office was established to allow more efficient management of meetings and coordination on Rio Grande issues with federal, tribal and local government agencies whose offices are located in Albuquerque.
INTERSTATE STREAM COMPACT, DECREE AND TREATY ADMINISTRATION
The Rio Grande Compact was signed in Santa Fe on March 19, 1938, with the states of Colorado, New Mexico and Texas as parties. The states subsequently ratified the compact, and Congress approved it on May 31, 1939. The Rio Grande Compact Commission consists of the state engineers of Colorado and New Mexico, a commissioner from Texas appointed by the Governor, and a representative of the United States. Members of the compact commission during FY2000 were Bob Armstrong, federal representative and chair; Harold D. Simpson for Colorado, Thomas C. Turney for New Mexico and Joe G. Hanson for Texas. ISC staff serves as engineer adviser and assists the New Mexico commissioner.
The engineer advisers to the compact commissioners meet prior to the annual meeting to prepare data on scheduled and actual delivery of water and other related topics. The U.S. Geological Survey acts as secretary to the compact commission under an annual cooperative agreement, and prepares monthly and annual reports and maintains the official compact commission files. Technical issues discussed at the February 23-25, 2000, meeting of the engineer advisers included deposition and accounting of sediment in storage reservoirs, reservoir evaporation accounting, structural problems at Caballo Reservoir, and the status of gate repairs at Abiquiu Reservoir.
The report of the engineer advisers was presented to the Rio Grande Compact Commission at its March 23, 2000, meeting in El Paso. Compact deliveries from both Colorado and New Mexico in 1999 exceeded the scheduled deliveries. Colorado exceeded its scheduled delivery by 6,200 acre feet, for an accrued credit as of January 1, 2000, of 17,700 acre feet. Runoff into the Rio Grande Basin in New Mexico as measured at the Otowi Bridge gaging station during calendar year 1999 was 1.08 million acre feet, or just about the long term average of 1.1 million acre feet. New Mexico was required under the compact to deliver 710,000 acre feet of this inflow, after adjustments. New Mexico exceeded this scheduled delivery by 17,600 acre-feet, for an accrued credit as of January 1, 2000 of 170,700 acre-feet. New Mexico has not been in deficit in compact deliveries on the Rio Grande since 1990 due to favorable hydrology.
The status of development of the Upper Rio Grande Water Operations Model (URGWOM) was discussed at the engineer advisers meeting. The URGWOM Technical Team proposed that the accounting model portion of URGWOM be placed in service, starting in 2001, to perform the reservoir accounting that is inherent in the compact accounting. The engineer advisers agreed that the compact accounting produced by URGWOM would be validated against historic compact accounting, and 2000 accounting would be produced by the Bureau of Reclamation using current accounting methods prior to the compact commission's consideration of approval of URGWOM-based accounting at its 2001 meeting. The engineer advisers and the URGWOM Technical Team also decided to concurrently review and document during calendar year 2000 the procedures for compact accounting of Rio Grande and San Juan-Chama Project water. Further discussion of URGWOM is provided below.
The resolutions adopted by the Rio Grande Compact Commission at its March 23, 2000 meeting included:
The Costilla Creek irrigation system begins with Costilla Reservoir in the Sangre de Cristo Mountains of north-central New Mexico and extends some forty miles downstream via Costilla Creek and irrigation ditches onto the high desert plains of New Mexico and Colorado. The Costilla Creek Compact was signed by representatives of New Mexico and Colorado and the compact was ratified by the respective state legislatures and approved by the United States Congress in 1944. The Amended Costilla Creek Compact was signed, ratified, and approved in 1963. The compact provides for delivery of apportioned water to users in New Mexico and to Colorado at interstate points of delivery on the New Mexico-Colorado state line.
The compact commissioner for New Mexico during FY2000 was Thomas C. Turney. The commissioner for Colorado was Harold Simpson. The ISC staff advised the New Mexico Commissioner and assisted in administration of the compact.
The compact requires daily administration of the direct flow and storage waters of the system during the irrigation season. The watermaster and assistant watermaster perform this function. The watermaster for FY2000 was Bobby Tribble of the ISC staff, and the assistant watermaster was Louis Trujillo, a contract employee of the ISC.
Hydrology. The 1999 irrigation season was marked by abnormally high precipitation and consequent high direct flow. In contrast, precipitation during the first three months of the 2000 irrigation season (May through July, 2000) was well below normal. Total direct flow deliveries are projected to reach only approximately 4,500 acre-feet over the entire 2000 irrigation season. Storage deliveries are projected to reach approximately 14,500 acre-feet.
Compact Commission Budget. The compact requires that New Mexico and Colorado equally share costs incurred in compact administration. Total cost of administering the Costilla system during FY1999 was $90,552. This amount included $54,308 for salaries of the watermaster and assistant watermaster, and $21,830 for a cooperative funding agreement between the compact commission and the U.S. Geological Survey to maintain some of the gages on the system and collect necessary data. The remainder of the budget was applied to equipment maintenance, supplies, and operating expenditures.
Draft Operations Manual and Gaging Stations. The compact commission directed that a draft operations manual be developed before the beginning of the 2000 irrigation season. The engineering advisers for both New Mexico and Colorado developed the draft manual, which was presented for public review and comment in December 1999. ISC staff held public meetings solely to receive comments on the draft manual in April 2000. Additional comments were accepted at the annual meeting of the compact commission on May 6, 2000. At the annual meeting, the compact commission resolved to use the draft operations manual as a guide during the 2000 irrigation season, with a final revision to be presented for adoption at the 2001 annual meeting. Also, the compact commission directed that a daily water accounting spreadsheet be developed before the end of the 2000 irrigation season, and that daily reports based on the spreadsheet be electronically delivered to the engineering advisers for New Mexico and Colorado. Both ISC and Colorado State Engineer staff checked accuracy of water flow gages on the system. Some gages were found to be inaccurate and the watermaster and New Mexico engineering adviser advised the U.S. Geological Survey of those problems. The U.S. Geological Survey made some corrections and the watermaster made other adjustments. Gaging validation activities continued into FY2001.
Upper Rio Grande Water Operations Review and Environmental Impact Statement. A Memorandum of Agreement (MOA) and accompanying work plan was negotiated and signed in January 2000 by the ISC, the Bureau of Reclamation and the Corps of Engineers to conduct the Upper Rio Grande Basin Water Operations Review. The MOA contains details on how the three agencies will carry out the five-year review. The review will provide the basis for an Environmental Impact Statement (EIS) on water operations in the upper Rio Grande Basin to support compliance by the two federal agencies with the National Environmental Policy Act and of all signatories with the Endangered Species Act. The review will produce the first integrated plan for the operation of federal facilities, excluding Elephant Butte and Caballo reservoirs, in the Rio Grande basin above Ft. Quitman, Texas.
The Commission decided to be a lead agency in the review to assure that the resulting operations plan supports New Mexico's compliance with its obligations under the Rio Grande Compact, that the plan reflects New Mexico's social and economic interests, and that the rights of New Mexico's water users are protected. The MOA provides that all decisions that the three lead agencies make on conduct of the review and EIS must be unanimous. The EIS process will end with the publication of separate Records of Decision, stating each agency's plan for future exercise of its authorities in light of the EIS findings. A series of public scoping meetings to gather input from other federal agencies, states, Indian tribes, local governments and the general public on the issues to be addressed in the draft EIS commenced in late June 2000.
Endangered Species Act Work Group and Other Collaborative Efforts. The Commission took an increasingly active leadership role during FY2000 in collaborative efforts to prevent extinction and contribute to recovery of the endangered Rio Grande Silvery Minnow and Southwestern Willow Flycatcher in the Middle Rio Grande. At its July 1999 meeting, the Commission passed unanimously a resolution to enter into and conduct a substantive, collaborative, problem-solving process involving the U.S. Fish and Wildlife Service; Bureau of Reclamation; Corps of Engineers; the agricultural, municipal and other state water users; and environmental groups. The goal of the process is to meet endangered species habitat needs in the Middle Rio Grande while providing for agricultural, municipal, and industrial water uses from New Mexico's Rio Grande Compact allocation and from the San Juan-Chama Project, providing for New Mexico's compact delivery compliance in accordance with federal and state law, and providing for and protecting New Mexico water rights administration and ensuring compliance with state law.
The Commission actively participated in two collaborative problem solving groups in FY2000, the Endangered Species Act Work Group (ESA Work Group) and the Green/White Papers Group, provided facilitation services to both groups, and provided funding in the amount of $400,000 from the Improvement of the Rio Grande Income Fund for FY2001 ESA Workgroup implementation activities.
The ESA Work Group was formed to develop a collaborative plan to prevent extinction, preserve reproductive integrity, improve habitat, and promote recovery of the endangered Rio Grande Silvery Minnow and other protected species in the Middle Rio Grande Basin while ensuring the continuation of existing and planned water projects and activities, as well as future opportunities for development. The plan will provide balanced solutions for meeting the requirements of the Endangered Species Act that are in compliance with federal and state law in the Middle Rio Grande. The ESA Work Group is drafting a cooperative agreement and associated program plan to be entered into by federal, state, and local agencies, tribes and pueblos, water users, and business and environmental groups that will create the Middle Rio Grande Endangered Species Act Collaborative Program.
In addition to the ESA Work Group, Commission staff participated in meetings of the Green/White Papers Group. This group has been holding bimonthly meetings since 1998 to provide an informal forum for the open exchange of information among agency staff and environmental groups.
Critical Habitat Rule Promulgation for the Rio Grande Silvery Minnow. The State Engineer and the Commission, joined by the New Mexico Attorney General, filed a lawsuit in August 1999 in federal district court citing numerous violations of the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) in the designation of critical habitat for the Rio Grande Silvery Minnow by the U.S. Fish and Wildlife Service. In summary, the lawsuit asks the court to direct the Service to consider economic and other relevant impacts caused by the designation as required by the ESA and to prepare an environmental impact statement in accordance with NEPA.
The habitat designation issued by the Service does not specify the physical or biological features the designation seeks to protect as required by regulations implementing the ESA. However, the designation seems to require a free-flowing river with no isolated pools of water forming. Achieving this condition could increase annual depletions on the Rio Grande by as much as 100,000 acre feet, which is significantly more than the net annual depletions of the City of Albuquerque.
After briefing preliminary legal issues during the spring of 2000 at the direction of the court, the state, the Middle Rio Grande Conservancy District, the City of Socorro, and the New Mexico Farm and Livestock Bureau filed their joint brief on the merits on June 23, 2000. The federal defendants asked for and received numerous extensions of time to file their response brief. That brief is expected to be filed in October 2000.
Rio Grande Silvery Minnow, et al. v. Martinez, et al. The Defenders of Wildlife and several additional environmental organizations filed a lawsuit in federal court in November 1999 on behalf of the Rio Grande Silvery Minnow and the Southwest Willow Flycatcher against the Bureau of Reclamation and the Corps of Engineers seeking declaratory and injunctive relief for alleged violations of the Endangered Species Act and the National Environmental Policy Act with respect to water management operations and actions in the Middle Rio Grande. The plaintiffs filed a motion for preliminary injunction in April 2000 requesting that defendants be ordered to keep the Rio Grande wet throughout the middle valley from Cochiti to Elephant Butte Reservoir until the end of the irrigation season.
The Office of the State Engineer, the ISC and the Attorney General on behalf of the State of New Mexico filed a motion to intervene as a defendant on June 12, 2000. The governor and lieutenant governor issued that same day a joint statement entitled Meeting Endangered Species Act Challenges on New Mexico Rivers. Also, the Middle Rio Grande Conservancy District and the City of Albuquerque intervened as defendants. A status conference before the court resulted in an agreement that the federal government would assure that the Rio Grande would not dry throughout its length in the reach between San Acacia and Elephant Butte Reservoir. A three-week notice was to be provided to the court if that assurance could not be met. It became apparent in early June 2000 that there was insufficient runoff to keep the river wet. The parties subsequently entered into mediation before the court on the matter of the motion for preliminary injunction.
Water Rights Legal Actions Involving the United States
United States of America v. Elephant Butte Irrigation District, et al. The United States filed a lawsuit in June 1997 in federal district court against Elephant Butte Irrigation District, El Paso County Water Improvement District No. 1, Hudspeth County Conservation and Reclamation District No. 1, City of El Paso, New Mexico State University, Stahmann Farms, Inc., and the State of New Mexico ex rel State Engineer. The United States claims to hold "title" to all of the waters of the lower Rio Grande below Elephant Butte Dam, exclusive of all other water right claimants. This lawsuit is a result in Elephant Butte Irrigation District V. State Engineer, to have that case removed to federal court.
El Paso County Water Improvement District No. 1 filed counterclaims against the United States and cross-claims against Elephant Butte Irrigation District claiming that they have been deprived by the United States and Elephant Butte Irrigation District of the benefits of the Rio Grande Project in terms of water quantity and water quality. Through the counter and cross-claims, El Paso County Water Improvement District No. 1 seeks reallocation of the Rio Grande Project water on an equitable basis in terms of both water quality and quantity.
The parties to this lawsuit continued to participate in court-ordered confidential settlement negotiations throughout most of FY2000.
City of Albuquerque v. Babbitt. The City of Albuquerque filed suit in federal district court in September 1999 against the U.S. Department of the Interior and Bureau of Reclamation seeking to protect its interests in the San Juan-Chama Project. Specifically the City sought declaratory judgment that the water it purchased pursuant to the San Juan-Chama Project Act and its contract with the Bureau of Reclamation is the sole property of the City. The City also sought legal clarification that the United States has no discretion or legal authority to use water diverted by the San Juan-Chama Project into the Rio Grande basin for any other uses than those expressly enumerated and authorized under the San Juan-Chama Project Act and various interstate compacts. The court found in June 2000 that no controversy existed between the parties and the case was subsequently dismissed without prejudice on grounds that it lacked ripeness.
WATER PLANNING AND DEVELOPMENT
El Paso-Las Cruces Regional Sustainable Water Project. The New Mexico-Texas Water Commission prepared a Draft Environmental Impact Statement (DEIS) in April 2000 for the proposed El Paso-Las Cruces Regional Sustainable Water Project. The project seeks to develop a year-round high quality, sustainable drinking water supply for the El Paso-Las Cruces region of west Texas and southern New Mexico. The project, as proposed in the preferred alternative, seeks to divert surface water from the Rio Grande at four new permanent diversion structures on the Rio Grande between Hatch, New Mexico and El Paso, Texas and at other existing structures for conveyance to a number of new and existing water treatment plants. The project also includes aqueduct construction, water rights acquisition, aquifer storage and recovery, and fish and wildlife enhancements and mitigation. The ISC submitted comments on the DEIS on June 13, 2000.
The Commission's review of the DEIS noted many problems, statements, and approaches with which it disagreed, but chose to express only its major concerns in its comments which included:
Improvement of the Rio Grande Income Fund Programs. The Ferguson Act of 1898 granted 100,000 acres of federal land to the Territory of New Mexico to be used to generate income for the "improvement of the Rio Grande in New Mexico, and the increasing of the surface flow of the water in the bed of said river." Income from lease(s) of the lands is appropriated to the ISC by statute, and the Commission is delegated by statute the responsibility for annually preparing and submitting a budget together with a complete and detailed plan looking toward the improvement of the Rio Grande in this state and increasing the surface flow of water in the river, during the ensuing fiscal year (N.M. Stat. Ann. 72-14-6 and 72-14-4, respectively [1997 Repl. Pamp.]). To that end, the Commission programs, budgets and directs expenditures of money from the Improvement of the Rio Grande Income Fund (IRGIF). The following activities were funded from the IRGIF in FY2000.
San Acacia Levee Project. Advanced engineering and design studies by the Corps of Engineers were completed for reconstruction of the existing levee system separating the Rio Grande floodway and the Low Flow Conveyance Channel along the entire reach from the San Acacia Diversion Dam to the San Marcial railroad bridge. The San Acacia levee project would provide flood protection to the Low Flow Conveyance Channel, irrigated lands and conveyance facilities of the Socorro Division of the Middle Rio Grande Conservancy District, the Town of Socorro and the Bosque del Apache National Wildlife Refuge and numerous private residences. The ISC authorized a grant in 1993 of up to $6.95 million from the IRGIF to pay a portion of the non-federal share of the project cost.
The Corps of Engineers indicated in a letter to the ISC in March 2000 that the San Acacia levee project, as presented in the June 1999 draft Limited Reevaluation Report, was unlikely to proceed further due to endangered species concerns voiced by the U.S. Fish & Wildlife Service and several environmental groups. Consequently, the Corps of Engineers proposed to reduce the scope of the levee project to address what it perceives as the most urgent flood control needs of the study area. These include a levee to protect the City of Socorro, a levee to protect the Bosque del Apache Wildlife Refuge, and the raising and rehabilitation of the railroad bridge at San Marcial. At the same time, the Corps of Engineers began to seek a non-federal sponsor for these projects to cost share in the construction and to maintain and operate the projects upon their completion.
The ISC believes that the original levee project is feasible and preferable to any of the individual reformulated projects. The Commission remains committed to its original cost-sharing agreement for the project but is considering its options with respect to sponsorship and cost-sharing of the reformulated projects.
Middle Rio Grande Water Supply Study. The ISC, in cooperation with the Corps of Engineers, commissioned a study in June 1999 to determine the water supply available to the Middle Rio Grande valley for future use. The Commission and the Corps contributed equally to the cost of the $300,000 project. The ISC's funding share was provided by a special appropriation. The study evaluated and integrated results from a multitude of the previous technical investigations of the water resources of this region.
The existing data was evaluated and used to identify, in a probabilistic framework, the water supply available between Cochiti Dam and the head of Elephant Butte Reservoir, considering ground and surface water and their interdependencies and constraints on use.
One of the major conclusions of the study is that the present Middle Rio Grande water supply (including San Juan-Chama Project water and groundwater withdrawals) is barely adequate to meet the present uses. The study provides the information necessary for Middle Rio Grande water planning efforts. The results of the study will also be used by the Commission to develop strategies that will enable the State of New Mexico to continue to meet its water delivery obligation under the Rio Grande Compact.
Middle Rio Grande Depletion Study. The Commission approved the expenditure of funds from the IRGIF in FY2000 for a depletion study to improve the understanding of the hydrology of the Middle Rio Grande region. This detailed study will accurately quantify the real-time depletions from crop consumptive use, riparian consumptive use and open water evaporation. Understanding and quantifying these depletions is important since they typically account for the majority of depletions in the region. It is anticipated that this study will start during FY2001 and be completed during FY2002.
Cooperative Program for Water Conservation Measures Along the Rio Grande, Middle Rio Grande Project. The purpose of this cooperative program between the ISC and the Bureau of Reclamation is to maintain the river channel and associated drainage facilities along the Rio Grande and the Rio Chama below Abiquiu Dam for the purpose of minimizing conveyance losses and non-beneficial consumption of water by vegetation. The Commission contributes funding and equipment to the program, and Reclamation contributes manpower and equipment.
Work generally completed each year includes cleaning, mowing and maintaining several state-owned drains in the lower half of the middle Rio Grande and small stream bank protection projects on the Rio Chama. Additional projects completed during FY2000 included rehabilitation of the Elmendorf Drain outfall to the Low Flow Conveyance Channel, raising of the San Marcial spoil levee to provide additional protection from high flows, and design and permitting of a pilot-channel into Elephant Butte Reservoir. The pilot-channel project will ensure the efficient conveyance of flows and sediment into Elephant Butte Reservoir as the water level drops, due to the current drought, to ensure deliveries of water under the Rio Grande Compact.
Storage levels in the reservoir are currently at their lowest since late 1990. The Bureau of Reclamation projects, based on average runoff conditions, that the level of storage in Elephant Butte Reservoir will be about 1,000,000 acre feet at the end of the 2001 irrigation season , or the lowest level since the early 1980s.
Cooperative Program for Vegetation Management at Caballo and Elephant Butte Reservoirs. The purpose of this cooperative program between the ISC and the Bureau of Reclamation is to reduce the non-beneficial consumption of ground water by invasive phreatophyte vegetation on 11,000 acres of the flood plain areas at Caballo and Elephant Butte reservoirs. The Commission contributes funding and equipment to the program and Reclamation contributes manpower and equipment. Legislative language appropriating funding for this work restricts the work to maintenance of previously cleared areas against regrowth.
MRGCD Metering and Efficiency Study. The Commission approved in FY2000 the expenditure of funds from IRGIF for metering and efficiency studies of the Middle Rio Grande Conservancy District. The metering study will evaluate the need for installation of additional gaging equipment to ensure that all diversion, returns and significant routings of water are metered. The efficiency study will evaluate the efficiencies of the operation of the irrigation system and the conveyance infrastructure of the MRGCD. It is anticipated that these studies will commence in FY2001 and be completed during FY2002.
EBID Gaging Stations. In January 1999 the Commission entered into a Joint Powers Agreement (JPA) with the Elephant Butte Irrigation District for the express purpose of constructing, installing, operating and maintaining two gaging stations on the Rio Grande. These stations are located at the Hayner Bridge site near Rincon and at the highway bridge in Anthony.
The Commission committed to reimburse EBID from the IRGIF for its costs incurred in performing the work involved in installing and operating the stations up to $25,000 and to provide a representative from its staff to serve as the single point of contact to EBID.
The EBID provided the Commission an update on the progress of the project in May 1999 and then again in January 2000. The work at the Hayner Bridge site was completed in May of 1999 and at the Anthony site in January 2000. Commission staff visited the sites in March 2000 and concurred that the work had been completed by EBID as agreed in the JPA.
San Juan Chama Project. The San Juan-Chama Project is a transbasin diversion that was authorized in 1962 by Public Law 87-483. The water is diverted from tributaries to the San Juan River and brought through a tunnel across the continental divide to the Rio Chama drainage, where it is stored in Heron Reservoir until it is released at the call of New Mexico contractors.
Storage of San Juan-Chama Project water in Abiquiu and Elephant Butte Reservoirs was authorized in 1981 by Public Law 97-140. Approximately 176,300 acre-feet of San Juan-Chama Project water was stored in Abiquiu Reservoir and 2,100 acre-feet in Elephant Butte Reservoir as of December 31, 1999.
San Juan-Chama Project water is contracted by the U.S. Bureau of Reclamation based on allocation recommendations by the ISC. San Juan-Chama Project water has been allocated and contracted to the following entities in the annual amounts shown:
In addition, 2,990 acre feet of San Juan-Chama Project water has been reserved for the Taos area and 2,000 acre feet for San Juan Pueblo. An additional 5,000 acre feet is used to offset annual evaporative losses to the Cochiti Lake recreational pool, as authorized by Public Law 88-293. These allocations represent the entire firm yield of the San Juan-Chama Project of 96,200 acre feet.
The City of Albuquerque took steps to implement direct diversion of its San Juan-Chama Project allocation of 48,200 acre feet per year from the Rio Grande during FY2000. Direct diversion and use of its San Juan-Chama water is one part (the Drinking Water Supply Project) of the City's Water Resources Strategy that was adopted in 1997.
The City of Santa Fe has similar plans to implement direct diversion of its San Juan-Chama Project allocation of 5,605 acre feet per year.
Participation in National Water Management Activities
Western States Water Council. Pursuant to a resolution adopted by the Western Governors Conference, the Western States Water Council was created in 1965, to effect cooperation among the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming in planning for the integrated development of their water resources. Kansas, Nebraska, North Dakota, Oklahoma, South Dakota and Texas subsequently became members and Alaska is an associate member. The council maintains an office and staff in Salt Lake City, Utah.
The council's functions are to prepare criteria for the formulation of plans for the regional development of water resources; to protect and further state and local interests; to undertake continuing review of all large-scale interstate and interbasin plans and projects for the development, control or utilization of water resources in the western states; and to submit recommendations to the governors regarding the compatibility of such projects and plans with the orderly and optimum development of western water resources. An annual report of council activities is published.
Council members are appointed by the governors of the respective states. Representing New Mexico on the council during the report period were Thomas C. Turney, Charles DuMars, and Frank Dubois with Richard A. Simms and Wayne P. Cunningham serving as alternates.
The council schedules quarterly meetings rotated among the member states. The ISC staff participates in the council's activities. Member states are assessed an equal share of the council's budget.
Arkansas-White-Red Basins Interagency Committee. The committee was established by federal charter in 1955, following the publication of a report on the water resources of the river basins involved. Its purpose is to coordinate activities of various agencies concerned with the conservation and development of water. The committee is composed of representatives from several federal agencies and the member states. The geographic area of concern includes all of Oklahoma and parts of New Mexico, Colorado, Texas, Kansas, Arkansas, Missouri and Louisiana. The area in New Mexico includes all or parts of Colfax, Curry, Guadalupe, Harding, Mora, Quay, San Miguel and Union counties, and comprises the drainage areas of the Canadian and Cimarron rivers and the Red River of Texas in New Mexico.
The committee meets twice each year, and subcommittees are appointed from time to time to study special technical problems. ISC staff participates in some committee activities.
National Water Resources Association. The National Water Resources Association is comprised of representatives from state and local agencies interested in the reclamation and development of water resources in the western United States. The association maintains an office in Washington, D.C. and issues publications describing the progress of water resources legislation and related matters of interest. The staff of the ISC participates in some of the association activities.
Southwest Willow Flycatcher. The U.S. Fish and Wildlife Service listed the southwestern willow flycatcher as an endangered species in 1995 under the Endangered Species Act. The southwestern willow flycatcher breeds exclusively in riparian habitat in the southwestern United States from California to Texas and at elevations ranging from 0 to 8,000 feet. Currently, only small populations of the species are found at isolated sites, several of which are in New Mexico. River regulation and dewatering by water development, namely dams and diversions, has been cited as a principal cause for decline of the species due to the impacts of development on native riparian vegetation and ecosystems.
The largest concentration of southwestern willow flycatcher in the United States is along the Gila River in the Cliff-Gila Valley, which may impede development of water allocated for use in New Mexico under the authorizing legislation for the Central Arizona Project. A relatively significant population also occurs along the middle Rio Grande above Elephant Butte Reservoir, which may complicate river and reservoir operations for both Rio Grande Compact deliveries and irrigation water uses in New Mexico. Some flycatcher habitat exists also in the San Juan River Basin and along the Zuni River in New Mexico.
A southwestern willow flycatcher recovery team was convened by the Fish and Wildlife Service in 1998 to work towards development of a recovery plan for the species. Due to the large geographic extent of the species' range, regional Southwestern Willow Flycatcher Implementation Subgroups were formed by the Fish and Wildlife Service to receive input and guidance on the recovery plan development. Commission staff participates on the Implementation Subgroups covering northern and southern New Mexico.
The Implementation Subgroups last met in December 1998. During the fiscal year 1999-2000, the Technical Subgroup of the Recovery Team continued preparation of a series of issue papers discussing several factors affecting the species and its habitat in the United States, which factors range from biological needs to habitat and water management. The Technical Subgroup is comprised of scientists, namely biologists and fluvial hydrologists, assembled by the Fish and Wildlife Service. Commission staff has reviewed the issue papers for implications to water development, water management, and water use in New Mexico.
WATER PLANNING AND DEVELOPMENT
A state water plan is being developed for New Mexico based on regional water plans and the components of a framework state water plan. A public involvement program assists in scoping the issues and developing goals and objectives for long term management of the New Mexico's water resources.
Framework State Water Plan.F The Framework State Water Plan will establish the technical basis for the state water plan and initiate statewide public participation in the project. The goal of the Framework State Water Plan is to establish adequate data, a critical path, a time frame, and an estimate of costs required to execute a state water plan for New Mexico. Regional water plans and water resources assessments will be source documents for the state water plan. Accepted regional water plans will also be stand-alone planning documents for regional policy and implementation purposes.
Phase One of the Framework State Water Plan was funded with $750,000 pursuant to a Memorandum of Understanding with the Office of the State Engineer.
The scope of work for the Framework State Water Plan includes an update of the 1976 New Mexico Water Resources Assessment for Planning Purposes, preparation of a statewide water budget, future water demand scenarios for each river basin and major groundwater aquifer/basin, an investigation into the adequacy of data available for regional and statewide water planning purposes, an estimate of costs required to develop and prioritize the data needed for planning purposes, a statewide evaluation of evidence of decreasing watershed yields, a statewide evaluation of the adequacy of water resources measurement and monitoring systems and devices (location, frequency and technology), establishment of a public involvement program for water planning on a statewide basis, and an evaluation of data and water resources assessments.
Pursuant to the January 2000 request for proposals for technical assistance to the Commission, contracts for the update of the 1976 New Mexico Water Resources Assessment for Planning Purposes were awarded to John Shomaker and Associates (Shomaker) and Balleau Groundwater, Inc. (Balleau). Parsons Engineering (Parsons) was awarded contracts for a statewide evaluation of evidence of decreasing watershed yields and for the statewide evaluation of the adequacy of water resources measurement and monitoring systems and devices.
The contractors will have approximately one year to deliver Phase I of the Framework State Water Plan. The Commission plans to request funding in FY2002 for Phase II of the Framework State Water Plan. Tasks include identification of critical water resources issues and management questions, planning and administration needs, and preparation of capital investment plans and requirements.
Procurement for Evaluation and Operation of Surface Water Systems. A professional services agreement was initiated in January 2000 by the Commission and the Office of the State Engineer for the purpose of providing a comprehensive compilation of all aspects of the state's surface water systems, including the hydrology, geohydrology, ecology, and operations of these systems, the consequences of any actions that may affect these systems in order to assure the proper planning, design, and installation of surface water works, and conservation of species listed pursuant to the Endangered Species Act.
The following services were sought relating to the evaluation and operation of surface water systems:
Twenty-one (21) proposals were submitted. Of these, twelve (12) were short-listed. Candidates were interviewed and eight (8) firms were selected for contracts in April 2000. Current projects include tasks associated with the framework state water plan (discussed above), litigation support related to assessment of biological and ecological requirements and impacts related to the Endangered Species Act, an evaluation of surface water gauging and monitoring needs and ground water level measurements.
Contractors will perform professional services for projects as specified by a work order issued by the agency. The Commission manages all matters associated with execution of specific project scopes of work, relevant deliverables, personnel assignments, schedules, and costs.
Background. The New Mexico legislature recognized the state's need for water planning and created and funded New Mexico's Regional Water Planning Program in 1987. The basis of the resulting legislation was to address the reservation of any unappropriated water for a region's future. The legislature gave the Commission the responsibility of overseeing a grant program and the planning process.
The benefits of regional water planning include but are not limited to:
The legislative criteria [NMSA 1978 §72-14-43 and §72-14-44 (1997 Repl.)] specified that planning regions could be self-defined on the basis of common hydrologic, political and economic interests. Other criteria include:
Funding Status. The Commission adopted the Regional Water Planning Handbook in late 1994 to provide guidance in the development of water plans. The limited yearly appropriation ($200,000) funding the grant program increased in 1998 because in the twelve years the program had been in place, only one regional water plan had been completed (Estancia Basin - 1998). The New Mexico legislature recognized that completion of regional water plans could be accelerated by a much higher funding level coupled with increased accountability for funds and responsibility for plan products via use of professional services contracts as opposed to grants. To accomplish this, severance tax bond funds in the amount of $1,750,000 were appropriated to the State Engineer in 1998 for statewide water planning.
Funding for regional water planning in the amount of $1,000,000 was set aside by a Memorandum of Understanding between the Commission and the State Engineer outlining the requirements for the use of the funds. The remaining $750,000 has been set aside for use on the Framework State Water Plan, as discussed above. Seven of the fourteen regions participating in the 1998 Request For Proposals were successful in the competitive bidding. Contracts totaling $1,003,000 have been awarded for regional water planning as shown in Table 10-1. The Commission plans to request an additional appropriation in the 2001 legislative session to complete water plans in the remaining regions.
Program Status. The Commission adopted regional water plan "acceptance criteria" in April 1999. This criteria mandates conformance to the Handbook and inclusion of local governments in implementing provisions of regional water plans. Negotiations between the Navajo Nation and the Commission are under way to utilize the portion of the funds set aside for tribes and pueblos. An award was also made to Lea County for water level monitoring and completion of its water plan for statewide climate data from the portion of the funds set aside for contingencies. Program progress and target completion dates are shown in Table 10-2.
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The OSE/ISC jointly enter into an annual cooperative agreement with the U.S. Geological Survey for ground and surface water measurement (gaging) and other specific investigations of the state's water supply. Details are presented in Appendix D.
Irrigation Works Construction
Fund Programs
The Irrigation Works Construction Fund (IWCF) was created by the Legislature in 1955 (Laws 1955, Chapter 266). The IWCF is funded by income from 500,000 acres of land granted to the Territory of New Mexico by the Ferguson Act of 1898.
Each year the ISC prepares a plan and budget for projects to be funded from the IWCF and submits it to the governor. IWCF funds are used to make loans to acequias and irrigation and water conservancy districts for construction and rehabilitation of irrigation works.
The IWCF funds are used to make loans to acequias and irrigation and water conservancy districts for construction and rehabilitation of irrigation works. The IWCF provides technical assistance on design improvements for acequias through an annual contract with the Natural Resources Conservation Service (NRCS). Other contracts with NRCS provide for watershed planning, agricultural water conservation demonstration projects and snow surveys. The IWCF is also a source for the non-federal cost-share required by the Corps of
Engineers Acequia Program. Loans have also been made to county flood commissions for protection of irrigated lands and works; other appropriations have been made for dam rehabilitation and phreatophyte control to benefit and protect irrigation works and conserve irrigation water. The IWCF has been a major source of funding for the Pecos River Lease/Purchase Program; it also funded the $14 million Pecos River water settlement with Texas. Most recently the IWCF has funded the technologically advanced hydrographic survey in the Lower Rio Grande.
Additional discussion of the acequia and irrigation district loans and grants from the IWCF is presented in Appendix C.
Next: Appendix A: Status of Active Adjudications
