STATE ENGINEER - WATER RIGHTS

PRESS RELEASE

Albuquerque, New Mexico
August 22, 2008

Bill Turner, Chief Executive Officer of WaterBank, a firm that deals in water rights, announced today that the State Engineer has begun sending out offers of judgment to water rights owners in the Lower Rio Grande. “Though this adjudication has been in process for some years, the State Engineer has refused to recognize any pre-1907 water rights.” he said. “In fact, the Offers of Judgment that the State Engineer is sending out all offer only a 1906 priority date.” He continued by saying that Judge Valentine, in a recent letter to water-rights owners suggested that they file Declarations with the Las Cruces Office of the State Engineer if they thought they had pre-1907 water rights. Turner said that his office in Albuquerque has received a number of calls seeking his help in determining the priority of their water rights.

“There were about 30,000 acres of land irrigated in New Mexico prior to 1900. So, it stands to reason that about one-third of the irrigated lands in the Lower Rio Grande have a pre-1907 priority of use.” said Turner. “This is a global issue as far as Lower Rio Grande water users are concerned because no allocation of the quantity of water rights or settlements can be made until the priorities have been determined. It was recognized by the Bureau of Reclamation back in 1902 that the normal flow of the Rio Grande had already been appropriated and that new irrigation could only come from impounded flood waters. Therefore, those who used the normal flow of the river prior to 1906 have first call on the water and their rights cannot be diminished by using the normal flow on new lands irrigated under the Rio Grande Project.” concluded Turner.

“If an irrigator is in doubt as to whether he has pre-1906 water rights, he should file a Declaration as Judge Valentine has suggested.” Said Turner.

For further information contact:

Bill Turner
Telephone: 505-843-7643