In August, attorney David Benavides spelled out the dilemma for legislators gathered in Taos for an interim Water and Natural Resources Committee hearing. He told them there could be no more difficult issue for them to decide "than market value versus cultural value (of water), which in many ways is at the heart of the struggle over water in Northern New Mexico."
The committee met through the fall to hash out water issues as the Year of Water waned.
Top on the committee's agenda has been encouraging the state engineer and the Administrative Office of the Courts to work more closely on water-rights adjudications under way across the state. Those adjudications finalize water rights for individuals in court, a necessity in determining who gets water first in times of shortage. They are costing the state a pretty penny in lawyer fees annually and taking a long time to complete.
At the last committee meeting in November, members approved introducing a joint memorial this session urging the state engineer and the courts to speed up adjudications and requiring them to report their progress back to the Legislature by Dec. 1.
The committee also approved introducing legislation to add a representative from the Mutual Domestic Water Consumers Association to the 16-member Water Trust Board. The board makes recommendations on doling out millions of dollars from specific water funds for major water delivery and treatment systems, conservation and other projects.
Other legislation to watch for: An attempt by the state engineer to gain administrative control over aquifers more than 2,500 feet below ground. Those aquifers traditionally have been tapped by companies looking for oil and gas, and the water has been used in extracting the liquid minerals. Now some developers and cities, such as Rio Rancho, are looking to tap into those aquifers and the usually briny water to start supplying customers with household water. The deep aquifers currently can be pumped without a permit from the state engineer.
Rep. Peter Wirth, D-Santa Fe, said the mining of deep aquifers is a growing concern, and he hopes the governor will support the state engineer on a bill to give the state control. "The whole issue of water mining is something we're starting to see in New Mexico," Wirth said.
The Water and Natural Resources Committee approved moving two general fund appropriation requests forward: A $450,000 request for the New Mexico Institute of Mining and Technology for mapping the state's aquifers and $75,000 in operational funds for The University of New Mexico's Utton Transboundary Resources Center in the School of Law, which supports collaborative natural-resource management.
Other funding requests are likely to come from community water systems seeking help to finance needed renovations and for ongoing Indian water rights settlements.
Contact Staci Matlock at 470-9843 or smatlock@sfnewmexican.com.
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