Western States Water Council 2005 Report

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I trying to work for the common good, it was evident each state and federal agency has their own interests and agenda. Some use ESA to "...affect how water is used and how people live in the West." For example, some use ESA as a club and insist on free flowing rivers. As Commissioner, Eluid tried to implement ESA while protecting existing users by reoperating projects, leasing water and purchasing water from willing sellers. However, "There isn't enough money in the Federal Treasury to buy out every irrigator." With respect to the silvery minnow and the Rio Grande, he noted the fish have survived and will be here after we're gone. Still, values have changed and we need to preserve as best we can what's good about this country, while trying to meet new demands for water. Many issues take years to resolve. Tom Turney, New Mexico State Engineer, summarized water law in the state, which was originally based on Spanish law, which recognized water scarcity. He noted it is easy to forget it is a desert state with a finite water supply, but that is becoming ever more evident as growth puts stress on available surface and ground water supplies. Albuquerque and Santa Fe rely mostly on ground water, but both own water in the federal San Juan -Chama Project, which includes the transfer of water from the Colorado River Basin in Colorado to New Mexico and the Rio Grande. The Rio Grande is subject to an interstate compact and international treaty. New Mexico is party to nine river compacts, and water managers are always concerned about a possible compact call. New Mexico has had to pay Texas for underdeliveries on the Pecos River, and is leasing water, providing other financial incentives, and purchasing water from users in New Mexico to try to ensure future deliveries. "Everyone wants all the water they can get, and there is not enough for everyone." The goal is to balance needs and uses. Some of the available tools include water planning, metering water diversions and return flows, and modeling surface and ground water relationships. With respect to endangered species, the State Engineer is working collaboratively with the U.S. Fish and Wildlife Service (FWS) to achieve compliance. Norm Gaume, Director of the New Mexico Interstate Stream Commission, noted that ESA issues have been raised on all the major rivers in the state. He mentioned Congress' policy statement regarding resolving water resource issues in concert with the conservation of endangered species. With respect to the Rio Grande and the silvery minnow, he noted that state had offered a proposed short-term settlement that would put more water in the river, which was signed before the symposia ended. As part of that agreement, Albuquerque agreed to sell some of its San Juan -Chama water to preserve instream flows for the fish. However, as the water in storage is depleted, similar actions won't be an alternative in the future. There is barely enough water now to meet present and future needs, with out FWS demands. The Rio Grande is a relatively small river, with a wide, shallow channel, and two - thirds of its depletions are natural. Evapotranspiration is a significant loss. He also briefly described Pecos River issues. Texas filed suit over compact violations in 1974. The Pecos is one -tenth the size of the Rio Grande. It is home to the endangered bluntnose shiner. A five - year study of the needs of the fish continues. A biological consulting firm hired by the state initially accompanied FWS on populations surveys, which found no fish, and they are no longer invited to come along. FWS denied the state's request to conduct its own surveys. Other questions remain: What are the flow requirements for the fish? What are its habitat and food? While there is not enough information to determine a base -line population, there is evidence that a static population 21