Law of the Rio Chama

Publication Date

2007

Document Type

Article

Abstract

In 2004, the New Mexico State Engineer approved a permit allowing the City of Albuquerque to divert from the Rio Grande the approximately 48,200 acre-feet per year of water it receives from the San Juan-Chama Project, a trans-basin diversion project that imports water from the Colorado River basin to the Rio Grande basin. Over the last 30 years, the City has consumed little of its San Juan-Chama water but rather has provided it to various third parties for their use. However, at the end of 2008, the City plans to commence surface diversion of its San Juan-Chama water and anticipates fully consuming its annual allocation by 2010.

Critics of the State Engineer's decision to issue the City a permit for the diversion contend that full consumption by the City of its San Juan-Chama water eventually will result in failure by the State of New Mexico to satisfy its delivery requirements to Texas under the Rio Grande Compact. This paper analyzes this issue and evaluates the conditions of approval under which the City may use its San Juan-Chama water.

Publisher

Natural Resources Journal

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