The Problem
New Mexico is running out of water. We are in drought. Our laws and regulations are based on principles that existed over 100 years ago in very different social and economic climates.
The state was sparsely populated, and people relied mainly on surface water supplies in 1907 when New Mexico's Water Code was enacted. The main economic factors, and therefore the main political influences, were agriculture and livestock concerns. The state’s constitution adopted in 1912 set into place laws that reflected old ways and old thinking that are not feasible in today’s reality.
Conditions have changed in such an extreme way that puts everything in New Mexico’s future in dire jeopardy:
• The state's population has increased nearly seven times to nearly two million
• Surface waters have become over-appropriated, and water users have become increasingly dependent on ground water and water from projects such as dams.
• New supplies from water projects have become either too costly or non-feasible, and interstate stream compacts and Indian water rights impose additional constraints.
Along the Rio Grande and in all quadrants of the State, one thing is clear: water supplies will decline at the same time that demand will increase. Drought aside, New Mexico is already experiencing warmer temperatures. Whether they are agricultural crops, landscaped yards, or riparian trees, plants need more water when it’s warm. Those higher temperatures also increase the amount of water that evaporates from reservoirs.
As the gap between supply and demand continues to increase, it’s likely that cities and farmers will pump more groundwater, a slowly recharged and sometimes non-renewable resource. The situation that has developed is one of dire concern about both the shortage of water for the population of New Mexico and the degradation of existing water resources. Nearly every environmental problem in this state involves water.
And as the supply and demand curves diverge in ever greater proportion, the contentions arise to support the old adage that in the West, “Water is for fighting, and whiskey is for drinking”.
Those contentions are recognized and reported on in all media venues, and even show up in the wording of proposed legislation Today, the only course of action for the majority of citizens in fighting for a decent future is through costly court proceedings which offer uncertain, and many times dubious, outcomes.
Of over 1200 bills introduced into the 2013 Regular Session of the NM Legislature, only 3 passed that dealt with the quite obvious water crisis with a mere added $400,000. to implement these situational-studies only that are to be conducted solely by the Legislature itself. Appropriations for studies and reconciliation of differing methods of studies for the many departments involved in water and resource regulation remained at the same levels ($55,000) as the previous 4 years.
In addition to the antiquated laws and congested legislative process, the present Martinez Administration and a large portion of the Legislature are viewed as politically allied with private interests who seek unfettered ability for further industrial and real estate development.
But other, similar pro-industry and pro-development efforts have been indicated by other present Administration-controlled agencies such as the Economic Development Department, the Energy, Minerals and Natural Resources Department, Environment Department and the Office of the State Engineer.
The Office of the State Engineer is charged with administering the state's water resources. The State Engineer has power over the supervision, measurement, appropriation, and distribution of all surface and groundwater in New Mexico, including streams and rivers that cross state boundaries. The State Engineer is also Secretary of the Interstate Stream Commission and oversees its staff.
No indication of intent to address the problem water shortage has been forthcoming from Governor Martinez, and it is a crisis ignored and stonewalled throughout her administration. Beyond proclamations of drought made a full two years into her administration, the governor has not proposed any legislation nor taken any executive actions to mitigate the crisis.
Without constructive and informed involvement on the State level, local governments and constituencies are left to fend for themselves, and this has brought about a situation of wide-spread conflict between factions that normally would be co-operating.
Wet years have a way of covering up a multitude of water management sins. Drought exposes them for all to see. Back in the 1990s, we had all the same underlying water management problems in this state, but a string of wet years left the reservoirs full and allowed us to ignore our problems.
A run of 13 dry years out of 15 years since then, especially on the Lower Rio Grande, has left us with insufficient water to meet the needs of all the water users throughout the state. So everyone turns to the only venue available: the courts. It’s hard to keep track of who’s suing who as a result.
The New Mexico Attorney General’s Office last year sued the federal government over the way Elephant Butte’s water is accounted for and managed, a feud that has either directly or indirectly dragged in other water users up and down the river, from the farmers in the Albuquerque reach of the river to Las Cruces, all choosing sides.
Meanwhile, Colorado, New Mexico and Texas can’t agree on how to account for who owns how much of the pool that sits now in Elephant Butte. At a meeting of the Rio Grande Compact Commission in March, 2013, representatives of the three states ended up in a standoff on the question. The water accounting sheets developed by the three states explaining their competing views of hydrologic reality run to 23 pages total.
Then in the past year, the early release of water from Elephant Butte to meet U.S. treaty obligations to deliver water to Mexico triggered an international tiff that still hasn’t settled. U.S. users complain that starting releases this early in the year, as Mexico requested, ensures that water will be wasted as it makes its way down to Mexico’s diversion gates, soaking into the dry riverbed – losses that have to be borne entirely by the U.S. farmers.
The Challenge
While nearly everyone complains about the present water situation, no one seems to really want to face the challenges and possible consequences of re-shaping laws that have been ensconced for over a century and are built on ancient beliefs and customs.
Especially on the cultural and economic fronts, there are those who do not want changes because the fear the immediate consequences to their cultural integrity and economic security:
• The citizens in the rural areas both the central north and central south along the Rio Grande, the Canadian, the Rio Chama, the Pecos River, and the Gila River do not want to see the old systems, allotments, and allocations disturbed. –
• The Dairy Industry does not want changes in water laws, especially ones that will require them to manage their waste and return usable water into streams and aquifers. –
• Mining companies are fighting with localities over groundwater use and aquifer integrity, threatening to poison our waters without hope of remediation.
• Oil and gas extraction requires a lot of water, especially for fracturing needs, and the threat of irreversible aquifer contamination is great and very real.
• Municipalities are circumventing public policies and laws in order to attract economic development and appease developers and contractors.
• Planning and development organizations are moving ahead with grandiose gestures and poorly advertised “public meetings” that can easily be seen as, basically, select invitation plotting sessions. But they do not include water issues on their agendas or allow public comment about water issues.
There is a lot of entrenched resistance to overcome. But there are definite benefits to meeting the challenge.
The Benefits
The most immediate benefits from adopting a sane and effective policy would be seen by the agricultural and livestock concerns that are under siege not only by the environment but by all other sectors of the economy such as industry, extraction, commercial and residential development. Hospitality and recreational businesses will see a return to viability as the reservoirs fill, the rivers and streams run and the land remains greener and more life sustaining. Water use intense extraction and manufacturing industries will be seen as more compatible and less threatening to health and environment.
As all sectors of the economy strive for long term benefits, the future for ourselves and our children will be less threatened. But we must end the “every man for himself”, “me first, then (maybe) you”, and “richest and most ruthless wins” practices that have become the prevalent way of doing business in today’s New Mexican economy and environment.
There can be, and will be, adequate water for food production, recreation, new residential development, responsible industry, health facilities, schools, and thriving businesses if we act now to come together to solve this problem together.
But it requires change, and there are those who will resist any change to their status quo.
However, a growing number of private citizens are beginning to see that they, as individuals and as family members, are destined to lose more and more of “life, liberty, and the pursuit of happiness”. The recognition of a need for change, and the call for that change, is transcending partisan party lines, cultural divides, and economic strata.
The Obvious
It is time for an integrated, comprehensive, cooperative, and effective water policy to be called for, formulated, and put into place. The situation is critical.
Scientific research, efficiency standards, conservation measures and technology can be marshaled to meet the challenge we face. But there is no unifying and guiding political will.
New Mexico needs a different way forward: prioritizing renewable energy projects in the place of hydraulic fracturing; investing in our public water and wastewater infrastructure; and breaking up the corporate consolidation of our food system and rebuilding the local food infrastructure that has disappeared with the concentration of our food system. In these ways, we can create green jobs, support local businesses and make our communities healthy. We can construct this future with an informed, active citizenry where all New Mexicans – not just the largest corporations from various industries– are involved in setting policy and holding their elected officials accountable.
We have the institutions that can provide the information needed. We, as taxpayers, have paid for that research and information compilation. And it is readily available but to often ignored. It requires hard choices, but the one that will be hardest on us is the one that seems easiest, which is to do nothing.
We need to move away from the arbitrary and often exceedingly harmful decisions by courts bent on rule of law rather than rule of reason. There is always a loser in a court battle, and usually it is the general citizenry that loses in the full run of the consequences. No matter what is promulgated by court supporters, courts are ideological and materialistic by nature and design.
Governor Martinez must lead in this direction. With her encouragement, her Administration’s active facilitation, and courageous integrity to meet the challenge, we can move forward in a more unified and more efficient way. At her level of our government, all constituencies can merge, rapport and cooperation with other states and regional authorities can be developed, and federal assistance can effectively be accessed.
If she refuses to lead, and chooses to submit the citizen’s to further degradation of their standard of living, health, and hope, then she must be replaced. The ultimate authorities in this matter are the ones who are merely, human beings, citizens, and taxpayers. We must exercise our duty. Or lose our ability to pursue happiness, to hold onto our liberty and, ultimately, our lives.
