Law of the Rio Chama

Publication Date

Winter 2000

Document Type

Article

Abstract

A broad range of options for encouraging municipal, industrial and agricultural water conservation are proposed for water-short New Mexico. Of particular interest are feasible options within the existing institutional and legal framework, focusing on measures that could be implemented without statutory changes by the Office of the State Engineer and the Interstate Stream Commission. Definitions of water conservation and beneficial use should be adopted, with emphasis on efficiency and economic feasibility. A "water conservation policy handbook" should be developed, with guidelines for preparing conservation plans and information on available conservation grants and water banking opportunities. Additional funding for water conservation activities should be pursued through the establishment of a "water conservation grants" program, following examples in Colorado, Texas, and Arizona. Projects currently funded by the Interstate Stream Commission should document the amount of water conserved. Return flow policies should encourage groundwater reuse and recharge, should account for lower quality water in assigning credits, and should recognize that a water right includes a diversion amount, farm delivery amount, a consumptive irrigation requirement, a return flow amount, conveyance losses, and on-farm incidental depletions. A policy statement should be prepared stating that conserved or banked water depletions can be sold or leased by acequia associations, conservation districts or municipalities. Policy statements need to be prepared and publicized that recognize the conservation advantages of protecting water from quality degradation and the potential for using and reusing poor quality water for appropriate uses. In cooperation with the Environment Department, a system of water credits for using poor quality water and other reuse procedures should be established. A system of withdrawal fees should be adopted to pay for administering the water conservation program, which would include water conservation grants. Methodologies for calculating the economic benefits of water conservation should be included in a "water conservation handbook," and an economist should be hired to analyze potential projects. All water right applicants should be required to prepare a conservation plan, with guidelines for preparation published in a "water conservation handbook." Metering should be mandatory. The Office of the State Engineer should recognize in a policy statement that integrated resource management plans for watersheds provide rational bases for statewide water planning.

Publisher

Natural Resources Journal

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