11d ‎(2)‎

• Board Meeting Date: 11/18/2008
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Mr. Thompson is a Stanford Law School professor and an expert in environmental and natural resources
law and policy. Like many other special masters, he is a former Supreme Court law clerk, having clerked
for the late Chief Justice William H. Rehnquist. Stanford Law School colleague Pamela Karlan says,
"He's smart, fair, and a good listener, so combined with his expertise in property, water law, and natural
resources law, he's a natural for this kind of work." For the order, go to:
http://www.supremecourtus.gov/docket/22o 137.htm.
(Source: Western States Water Council Newsletter, Issue No. 1797, October 24, 2008)
NEW MEXICO/PECOS SETTLEMENT: The New Mexico Interstate Stream Commission (ISC),
on October 16, approved a plan to dispose of lands purchased to retire water rights, implement the Pecos
Settlement, and ensure adequate water flows to Texas under the Pecos River Compact, even if it means
augmenting flows with wells. "The Pecos Land and Water Rights Acquisition Program has been a
success," said ISC Director Estevan Lopez. "About 95% of the land and water rights needed for
settlement implementation has been acquired." ISC has purchased over 11,400 acres of land for the water
rights in New Mexico's Pecos Valley Artesian Conservancy District and Carlsbad Irrigation District as
part of a 2003 Pecos Valley Settlement Agreement. Lopez adds, "All the augmentation well capacity
needed for the settlement has been completed." The program also resolves water right disputes involving
New Mexico, the Bureau of Reclamation, and the districts.
In 2002, the New Mexico Legislature authorized the land purchases. In 2008, it passed a law allowing
water rights to be purchased independently of land, and authorizing ISC to sell previously acquired lands.
The ISC will first offer the land to the original owners, asking if they wish to repurchase the land, but
subject to deed restrictions that ensure that "no new water development or use, including the drilling of
domestic wells, occurs on the land without the transfer of valid existing rights." If the original owners do
not respond within 60 days, the ISC will sell the land by sealed bid to third parties. ISC will continue to
acquire water rights needed to bring the basin into hydrologic balance. See the ISC news release:
http://www.waterchat.comhttpa/www.ose.state.nm.us/PDF/News/2008/pr-2008-10-16-ISC-
P1anForDispositionOfLand.pdf.
(Source: Western States WateN Council NewsletteN No. 1798, October 31, 2008)
DITCH BILL UPDATE: As part of staff's continuing effort to keep the Board informed of the U.S.
Forest Service's ("USFS") progress on the issuance of Ditch Bill Easements and related issues, the
information attached to this report as Attachment l 1d-04 was provided by Michele O'Connell, USFS. If
you have questions regarding this information, please contact Michele O'Connell at:
Michele O'Connell
USDA Forest Service, Roclcy Mountain Region
Group Leader Lands Special Uses
[phone], FAX [phone]
[e-mail]
(Linda Bassi)
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