Special Water Users Associations in Southern New Mexico

Saturday, April 22, 2023Elephant Butte Irrigation District

Motivation for SWUAs

Conjunctively manage surface water and groundwater to maximize beneficial use in New Mexico

Maintain hydrologic health of the Lower Rio Grande (LRG)

Protect senior water rights from impairment

Streamline administrative process for transfers

0.03%

0.49%

0.53%

0.76%

1.27%

6.81%

90.11%

Irrigated Agriculture

Public Water Systems

Commercial

Livestock

Domestic wells

Power

Industrial/Mining

Water Use by Sector in LRG

97 percent of LRG water use is irrigation or public water systems

Caballo

ConveyanceSystem

IrrigatedLand

Groundwater

DrainFlows

Atm

osph

ere

SeepageExfiltration

Pum

ping

Return

Diversion

Bypass (spill)Delivery

Deep Percolation

StormFlow

Bypass (spill)

Seepage

Release

Rio G

rande

M&IUsers

PumpingDeep Perc.

Discharges

Imported WaterExported Water

Non-irrigatedLand

Rio Grande at El Paso

Pum

ping

Dee

p P

erco

lati

on

ETPrecip

ETPrecip

Drainage

ET Precip

Surface Water-Groundwater Interaction in the LRG

GroundwaterGroundwater

Diversion/ConveyanceDiversion/Conveyance

DrainageDrainage ReturnReturnFlowFlow

SeepageSeepage

WellWell

CropCropWaterWaterUseUse

IrrigationIrrigationCanalCanal

FieldFieldDrainDrain Rio Rio

GrandeGrande

Hydrologic Cycle

Foundations for SWUAs

Developed by EBID, City of Las Cruces, and the State Engineer

EBID Policy 2003-GA8, approved November 19, 2003

73-10-48 NMSA, approved July 1, 2003

Who Can Form SWUAs?

Municipalities Counties State Universities Member-owned community systems Public utilities Interstate Stream Commission

SWUAs

Allow entity to use surface water for M&I and other uses within District boundaries Ownership of Project Water rights

Purchase water righted land Lease of Project Water rights

Establish lease of water righted land Transfer of Project Water

As per polices and guidelines of EBID

SWUA Details

Assessed as EBID constituents Share pro rata in shortages Surface water rights maintain EBID’s 1906

priority date SWUA must lease all of the water from a

parcel; land must be fallowed Special Combined Unit: Small tracts (<2

acres) can be consolidated and treated as farm tract for ordering and billing

Maintained as Ag use until demand for direct M&I use develops

Existing System of Annual Water Transfers

Total Allotment

Agricultural Users

ConservationPool

AgriculturalWater Used

Structure for Transfers of Water to Special Water Users Associations

Total Allotmen

t

Agricultural Users

SWUA

Agricultural Pool

Municipal Pool

AgriculturalWater Used

MunicipalWater

(SWTP)

Conservation Pool:

Leases:Parties

NegotiatePrice

Mayfi eld Later al

Outside EBID Boundary:Not eligible for EBID waterrights or delivery

Inside EBID boundary.Can be Acquired by SWUA or Leased by SWUA

City of Las Cruces Service Area

SWUA Transfer Process

Mayfi eld Later al

Inside EBID boundary.Move From

Inside EBID Boundary:Move to

SWUA Formation Process

Eligible entityapplies to OSE

OSE

OSE publishesnotice,

answers objections

OK OSEdecision

denyStop

deny

EBIDBoard

Stop

deny

Eligible entityapplies to EBID

SWUA

OK

OK

SWUA expedited water transfer process under §73-10-48(G)

SWUA applies to OSEUnder §73-10-48(H) OSE

OSE publishesnotice,

answers objections

OK OSEdecision

Application containsan error

deny

Stop orappeal

deny

Transfer ProcessInitiated

OK

Reapplyto OSE

Stop orappeal

Application To EBID

Approved

Current Status of Active Water Resource Management (AWRM)

State-wide regulations finalized Metering order issued for all groundwater

diversions in LRG except single domestic wells

State is developing draft basin-specific regulations for LRG to be released for review by LRGWUO in July

LRGWUO directed technical committee to develop alternative administrative plan

Relationship of SWUAs to AWRM

SWUAs provide an alternative to strict priority administration SWUAs allow junior users to move up in

seniority/priority Common priority date among EBID

SWUAs and irrigators create pro rata sharing of shortages

Market-driven process Voluntary participation by buyer/seller,

lessor/leasee

Advantages of Alternative AWRM Regulations

Local knowledge, understanding, and input

Collaborative rather than adversarial relationship with State

Infinitely many more options than OSE has

SWUA implementation Direct constituent interaction

Ongoing Processes

SWUA authorization – City of Las Cruces and Doña Ana MDWCA in process with State Engineer

Other MDWCAs expected to apply AWRM basin-specific regulations

being prepared by State AWRM alternative basin-specific

regulations using SWUAs being prepared by LRGWUO