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<br />i <br />ii The 1950s was a <br />difficult decade for <br />water users. Flood <br />control measures were <br />complicated and <br />. costly; groundwater <br />pumpmg began to <br />i deplete surface flows. <br /> <br />.\ capacity is removed as availa~Je "project <br />:~ storage" and is reserved solely for flood <br />control. Ji:iI <br /> <br />; PROJECT REl.EASES <br /> <br />i:1t was anticipated by the drafters of the <br />;' compact that annual releases of 790,000 af <br />(fTOrn project storage: would be needed to <br />!~atisfy: New. Mexican, Texan~ and Mexican_"l <br />; water needs b,etween Elephant Butte arid <br />_~_ f'OrtQuitman, Texas.In recent years, _ ' <br />:j 1\oweyer, the a~nuaJ demand for project\:} <br />[water has been'" slightly less than,700,OOO . <br />; at, <br /> <br />j UNOERDELlVERIESBY NEW MEXICO <br /> <br />fNew Mexico has difficulties achieving its <br />i ctelivery obligations to Elephant Buttt? <br />under-certain climatic conditions. This <br />; OCCUi's most commonly In years ofabun., <br />~_ dantshowfaU and spring runoff which <br />\: fldwspast the inflow index gage at Otowi. <br />; Ifsuch conditions are followed by a lack <br />,: of summer thunderstorms, which create <br />,~ most Of the inflow be!c)w Otowi~ New <br />f Mex.i~o will likely underdeliver. <br /> <br />THE 1985 SPILL. ~ <br />;~ <br />Althpugh no water actually flowed over <br />, tl:teElephant B':ltte spillway, an #actual <br />spillof usable water from project storage" <br />occurred on June 13, 1985. This significant <br />",eyent cancelled t~e accrued debits of both <br />;- New Mexico and Colo~ado,Jn order to <br />..prev~nt flooding in th~ town of Truth or <br />t Consequences, the compact states had <br />agreed to store spring flood waters in <br />upstream reservoirs rather than at Ele- <br />; phant Butte. Absent this storage,~a physi. <br />: caI spill wou,ld have ocCurred at Elephant <br />Butte; therefore, an "actual spill" as <br />defined in thecompact resulted on paper. <br />~This paper spill was not the same as a <br />; "hypothetic~.J spill" as defined (somewhat <br />,,~,mbiguously) in Article I of the compact. <br />I Such ,8 hypothetical spill has never <br />; occurred, nor is it expected to be applied. <br />i Ahypothetical spill could only follow <br />~. years in which more than 790,000 af were <br />,released from project'storage. <br /> <br />'- <br /> <br />14 <br /> <br />001111 <br /> <br />lowed developments in the 1950s <br />which have continuing influence on <br />river management. <br /> <br />CHALLENGES OF THE 1950s <br /> <br />, <br /> <br />In many ways, the 1950s was a diffi, <br />cult decade for water users in the <br />New Mexico portion of the Rio <br />Grande basin north of Elephant <br />Butte. Flood control measures were <br />complicated and costly; ground water <br />pumping began to deplete surface <br />flows; and provisions of the Rio <br />Grande Compact proved difficult to <br />meet. <br /> <br />In 1951, Texas sued New Mexico and <br />the MRGCD for noncompliance with <br />the Rio Grande Compact of 1938. <br />Under the compact, New Mexico is <br />obligated to deliver to Elephant Butte <br />62% of the inflow to the middle reach <br />of the Rio Grande as measured at <br />Otowi bridge during a normal year. <br />(Annual flow at Otowi averages <br />nearly one million acre feet.) This <br />percentage obligation falls slightly <br />during dry years, and rises to greater <br />than 75% during years of high runoff. <br />The compact allows New Mexico to <br />underdeliver up to a cumulative total <br />of 200,000 acre feel. <br /> <br />In 1951, records indicated that New <br />Mexico, over the past decade, had <br />underdelivered its compact obliga- <br />tions to Elephant Butte by over <br />300,000 at, Texas sued to have the debt <br />repaid and to require New Mexico to <br />regulate diversions from the middle <br />valley in order to ensure future com- <br />pliance. Although the suit was <br />thrown out of Court on a legal techni- <br />cality (Le, the United States, which <br />was not part of the suit, was found to <br />be an indispensible party), New Mex- <br />ico looked at ways in which it could <br />better meet its delivery requirements. <br />One way was to remove impediments <br />to flow down the riverbed, as was <br />being pursued by the Bureau of <br />Reclamation in its channel rectifica- <br />tion program. The Bureau also con- <br />structed a 2,000 cfs conveyance chan- <br />nel from San Acacia to Elephant Butte <br />Reservoir in order to prevent loss of <br />the Rio Grande flow to seepage and <br />evaporation from the aggraded river- <br />bed in this 70- mile stretch, <br /> <br />Another means of promoting the <br />delivery of water downstream was to <br />prevent the drilling of new wells that <br />robbed the Rio Grande of surface <br />flows. The New Mexico State <br />Engineer took this step in 1956 and <br />restricted new ground water use in <br />the basin. Albuquerque, among <br />others, was greatly affected by this <br />basin closure since the city relied <br />solely on ground water for its current <br />and future supply. Although the pre. <br />1956 level of ground water consump- <br />tion was deemed a valid right, new <br />water rights would have to be <br />obtained from alternate sources. This <br />provided incentive to initiate a trans~ <br />mountain diversion project to import <br />water from the Colorado River basin. <br /> <br />The Middle Rio Grande Conservancy <br />DIstrict found itself challenged by the <br />water management forces working <br />within the basin in the 1950s, To help <br />ease its burden, the District board <br />decided to contract with the Bureau <br />of Reclamation on a number of mat- <br />ters. By 1956, the District had trans, <br />ferred to the Bureau the responsibil- <br />ity for operating MRGCD facilities, <br />including EI Vado Reservoir. The <br />Bureau also assumed the indebted- <br />ness of the MRGCD and paid off the <br />millions of dollars owed by the Dis- <br />trict on the bonds it issued in the <br />1930s. (MRGCD must repay the <br />Bureau for this assumption as well as <br />for Bureau work undertaken within <br />the District. The District currently <br />owes the Bureau more than $8 million <br />with an interest-free annual repay- <br />ment obligation of around $400,000.) <br /> <br />THE FLOOD CONTROL ACT <br />OF 1960 <br /> <br />The Flood Control Act of 1960 <br />brought a measure of relief to the <br />water managers of the Rio Grande <br />basin. The Act authorized two addi- <br />tional reservoirs as part of the Middle <br />Rio Grande Project. GaBsteo Dam <br />was completed in 1970 to control sum~ <br />mer flooding and sediment deposi- <br />tion from Galisteo Creek, while <br />Cochiti Dam became operational in <br />1975 as a mainstem flood control <br />structure and recreational site. Cochiti, <br />with a total capacity of 602,000 at <br />when completed, was one of the ten <br />