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34 CC1131 '. , .,:~ A portion of the Choma River protected by state designation as a wild and pastoral river and proposed for inclusion in the federal wild and scenic system, PHaro BY PAUL LOGSDON. PRESSURES FOR CHANGE THE PRESENT SYSfEM for allocat- ing and managing the waters of the Rio Grande developed over a long period of time in response to many specific needs and pressures, That process of change and adaptation to emerging needs is still going on. In the past, the needs of irrigators, flood control, interstate and international allocation were some of the driving forces that shaped policies and legislation. Now that these needs have been addressed, other constituencies are attempting to have their concerns dealt with in the management sys- tem. Instream flows for fisheries protection and recreation, Indian water rights and management authority, the survival of the tradi- tional acequia system and interest in the marketing and leasing of water rights ~re creating new pres- sures which could result in further change in the system. This section explores these factors and describes some of the specific problems that Rio Grande managers are now being asked to deal with. The process by which such needs are recognized and gradually adopted into the system is a long and slow one, Each constituency making a claim for consideration in the decision-making process has to fight over a long period of time to achieve legal recognition. Indian water rights, for example, have had firm legal status under American law since 1908, that is, throughout the period of development of the Rio Grande management institu- tions described in the preceding chapter. Yet only now are Indian rights in the Rio Grande basin undergoing a process of adjudica- tion and only now are tribes begin- ning to equip themselves to take an active role in water management. Instream flow issues have been forcefully articulated in the past 15 years and have received recognition through such federal statutes as the Endangered Species Act, but New Mexico law still does not regard instream flow as a beneficial use of water under the prior appropriation doctrine. Nor are instream flows mentioned in the criteria for project management listed in the congres. sional enactments authorizing the various storage and flood control projects that regulate the actual flow of water through the basin, In the following sections we sum, marize concerns raised in recent years about issues that have not traditionally been reflected in the decision. making criteria utilized by the Rio Grande Compact Commis, sian and the other management entities administering the law of this river. The challenge of the next several years is to see how these issues will be resolved, Some will require new legislation," others may be resolved through litigation, many will require negotiation among the affected groups to find workable solutions. All will test the adaptability of the current system. ~