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50 0(1-14'/ Spring flows of the Rio Grande flood a ranch in the San Luis Valley of Colorado. PHaro BY PAUL WGSDON, is triggered only by major federal actions, such as the proposals to build the Closed Basin Project or to expand storage at Abiquiu Reser- voir. Decisions about modifications of operating criteria for water pro- jects are not major federal actions, though they are sometimes made known to the public through infor- mational meetings. The Bureau of Reclamation, for example, has annual public meetings to discuss its operating plan for Rio Grande projects under its authority. And both the Bureau and the Army Corps have engaged in public dia- logue or negotiations in special cases, such as the setting of release flow rates for the Rio Chama regarding the impact on both fish- eries and acequia diversion struc- tures downstream of the reservoirs. Most state agencies responsible for water administration and manage- ment operate under statutes that either require public participation or allow for some form of interven- tion by certain sectors of the public, For example, under the laws of all three states of the upper basin, holders of surface water rights who believe they would be harmed by either a new appropriation of water or the transfer of an existing right have standing to protest in formal proceedings before state engineers or water courts. New Mexico adopted in 1985 a statute which expanded the basis of decisions to include consideration of "the public welfare," but the meaning of this term has not yet been judicially in- terpreted under the recent statute, A recent water resources planning statute in New Mexico creates an opportunity for new forms of involvement on the part of local government. Following years of study, the legislature created in 1987 a funding mechanism for planning to be conducted in the eight hydro- logic regions of the state. Under this act, local governments can band together to propose a specific plan- ning effort to the state, which has limited funds available for support, and can thus develop water resource goals through a community-based approach, Of course, planning and decisions made pursuant to local and state efforts cannot supplant the federal law that controls major decisions for the upper Rio Grande as a whole, Thus far, the Santa Fe region is the only one within the Rio Grande basin to begin such a plan- ning process, and this effort focuses on water supply alternatives, Local public involvement in this form of planning will depend on the policy of the sponsoring units of gov- ernment. While there are opportunities for the involvement of constituencies concerned about the river, the major statutes do not impose decision-making criteria on the water agencies that address all the needs of these groups. There is thus a widespread feeling that these groups are not a part of the process and that the system is run by "insiders:' Until such time as the "outsiders" can modify the lederal and state law that controls decision- making to meet their needs, they must utilize less formal processes. By commanding the attention of water agencies through media exposure of their problems, through litigation or political pres- sure or quiet diplomacy, these constituencies-the traditional farmers, the environmentalists, Indian tribes, commercial interests that want more trade in water rights, and others-can create opportunities to negotiate at least interim solutions. The US, Fish and Wildlife Service, for example, quietly negotiated an annual agreement with the other water agencies to alter reservoir releases to protect fisheries during