WSP06083

• File Number: 8580
• Description: Miscellaneous Basin Issues and Studies
• Basin: Rio Grande
• Water Division: 3
• Date: 6/1/1999
• Title: Family Farm Water Review - Issue No. 37
• Water Supply Pro - Doc Type: Publication

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~ Water Review

A perspective On Western Water Issues Prepared By The FamilY Farm Alliance

. NIlW MEXICO

The Elephant Butte Water Rights Fight

THE LITIGATION: The United States in 1997 filed
suit in U,S, District Court against the' Elephant Butte
Irrigation District. The lawsuit sought to quiet title to Rio
Grande Project water rights.

PROJEcr AND DISTRIcr: The Rio Grande
Project, originally developed by the U,S, Bureau of
Rec]amation, is the source of irrigation water for
approximately 178,000 acres in southern New Mexico and
west Texas,

PROJEcr CONSTRUCfION COSTS: They were
fully repaid in ]973, E]ephant Butte took over operation
and maintenance in ]979, The project's two major reservoirs
remain under Bureau control.

TRANSFER: In 1996, the United States transferred
title to the project's New Mexico distribution and drainage
systems to Elephant Butte, A similar transfer of facilities in
El Paso (TEXAS) was made to the El Paso County Improve.
ment District No, 1. (RELATED STORY oN PAGE 2,)

SAME ISSUES: The issues in the ]997 litigation are
the same as those in a stream adjudication brought in 1986
by Elephant Butte,

U.S. CLAIMS: The United States claimed that the
actions of the various defendants have clouded title of the
United States to water rights for the project. Simply stated,
the Interior Department argued that since it gave proper
notice of its appropriation, the United States obtained and
holds title to those water rights, In addition to holding title
to the water rights, the U,S. also claims it owns return flows
from deliveries to Reclamation project water users within a
project.

~LtIANCE'.

ELEPHANT BUTTE'S VIEW: Elephant Butte offi.
cials have characterized the action as an attempt to
circumvent state court jurisdiction because the federal
government was unable to have the earlier case removed to
federal court. The title issue is in mediation and has not
been stayed by the state court adjudication, Elephant Butte
and others in the case argue that in more than 90 years of
Reclamation presence on the Rio Grande, the U,S. has
never taken any action to protect project water rights, They
also note that the U,S, is responsible for delivery of water
to Mexico, but that such an obligation does not equate to
government ownership of water historical]y put to use by
fanners in New Mexico, Elephant Butte argues that not one
drop of project water has ever been put to beneficial use by
the United States.

STATE ADJUDICATION: Elephant Butte believes
thar the issue of who owns the water right in the Rio
Grande Project will come before the state court this year.

FEDERAL COURT PETITIONS: Elephant Butte
and others in the case have ftIed motions to dismiss the
federal government's action, urging the federal court to
. allow the New Mexico stream adjudication process to be
completed before entertaining any issues such as those
joined in the U,S, lawsuit.

SETrLEMENT? It is considered unlikely in the
federal case by Elephant Butte. The United States has
pressed for mediation, The federal court has had the parties
in mediation for several months,

To Learn More, Please Contact:

. Elephant Butte Irrigation Disbict, Gary L. Esslinger, T~asurer.
Manager; P.O.Orawer1S09, Las CnJces, New Mexico 88Q04.1509,
Phon.: (505) 52~671 Fax: [phone],

For FamilY Farm Alliance i'1formation, please telephone
Wendy Kump Lauchland. Executive Director ............,.. [phone]