Wednesday, August 29, 2012

New Mexico river remains at center of water dispute

A dispute over whether New Mexico’s river water is being improperly funneled to Texas or if enough groundwater is being preserved for farmers along the Rio Grande was front and center at a hearing before state lawmakers. About 30 lawmakers from around the state met Monday to listen to opposing sides of a major legal dispute over the Lower Rio Grande Basin, the Las Cruces Sun-News reported. The debate centers on a 2008 settlement between Dona Ana County and irrigators in Texas’ El Paso County. New Mexico Attorney General Gary King challenged the settlement in a federal lawsuit last year, claiming the agreement undermines New Mexico’s water future along the Rio Grande. Assistant Attorney General Steve Farris told the lawmakers the Rio Grande is flowing “bank to bank” south of Elephant Butte Reservoir and while the water belongs to New Mexico, it’s being allowed to flow to Texas. District officials argue that the 2008 agreement heads off a legal battle between New Mexico and Texas that could ultimately harm Dona Ana County farmers by cutting off their right to use groundwater. “If the operating agreement goes away, we will be in the U.S. Supreme Court,” said Steve Hernandez, the district’s attorney. He said the fight would be complicated by the fact that Dona Ana County belongs to New Mexico because of its geographic boundaries, but also to Texas for water management reasons, thanks to the structure of a historic, interstate compact governing use of the Rio Grande. “In the end, nobody takes care of us,” Hernandez said, referring to the irrigators in Dona Ana County...more

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