Coalition takes on water dispute

Staci Matlock | The New Mexican

6/30/2008 - 7/1/08

Albuquerque needs the water it began diverting this year from the Rio Grande for thousands of customers.

But a coalition of farmers and environmentalists will argue today before the New Mexico Court of Appeals in Santa Fe that the city's current water management plans will hurt the river and downstream senior water rights holders without more oversight from the state engineer. The coalition will make its case at 1:30 p.m.

The coalition includes farmer John J. Carangelo, and three nonprofit groups — the Assessment Payers Association of the Middle Rio Grande, Amigos Bravos and Rio Grande Restoration.

"None of us are disputing the city contracted for 47,000 acre-feet of water and that they can use it. The question is in how they use it," said Janet Jarratt, a middle Rio Grande dairy farmer and a member of the Assessment Payers Association.

John Stomp, water resources manager for the Albuquerque-Bernalillo County Water Utility Authority, said the state engineer placed many restrictions on Albuquerque's water diversions from the river and retained the authority to cut off the river diversions if several conditions aren't met each year. He said the state engineer can suspend the city's diversions if they impact downstream senior water rights owners or hurt the state's Rio Grande Compact obligations to Texas.

"Compare our permit to the diversion permit for Santa Fe's Buckman project. We have five different conditions where the SEO can shut us off," Stomp said. "Santa Fe doesn't have any."

State water diversion permit 4830 gives the Albuquerque-Bernalillo County Water Utility Authority the right to use up to 47,000 acre-feet of water a year from the Rio Grande — most of which is ostensibly water from the upstate San Juan River, delivered downstream by pipeline, tunnel and the Chama River. (One acre-foot equals 325,851 gallons of water).

Albuquerque and Bernalillo County — along with Santa Fe, the Middle Rio Grande Conservancy District and a few pueblos — contracted with the federal government decades ago to eventually use the San Juan Chama Project water. Albuquerque began withdrawing water from the river this year through its river diversion project, which will eventually supply 70 percent of the domestic water for residents in the metropolitan area.

The coalition was among 22 groups and individuals in 2001 that appealed the water utility's original permit request. The Navajo Nation, the Sierra Club, the Middle Rio Grande Conservancy District and others pulled out of the appeal after winning some concessions from the city. The state engineer approved the permit in 2004. But the remaining appellants claim the permit, as written, could allow Albuquerque to negatively impact downstream water users and make it tough for the state to meet obligations under the Endangered Species Act and the Rio Grande Compact.

Albuquerque had to turn to an alternative water source because the city was pumping its own aquifer dry. The city considers water from the Rio Grande and the San Juan Chama Project a renewable supply.

Stomp said the city's river diversion permit has 18 conditions on it. One requires the city to return as many gallons to the river at its southside wastewater treatment plant as it takes out of the river upstream. The permit also gives the state engineer authority to stop the diversion when river flows fall below 122 cubic feet per second at the diversion gauge.

Stomp said the coalition ultimately wants the state engineer to reopen the city's long-held groundwater permit, a move he thinks would throw into question other existing permits.

The coalition argues that Albuquerque's river diversion permit doesn't account for the link between the city's ongoing groundwater depletions and predicted water shortages on the Rio Grande.

The coalition also wants the state engineer to limit per capita use to 150 gallons per person per day within the next 20 years, instead of 155 gallons per person per day as allowed under the permit. Albuquerque residents and businesses are averaging around 167 gallons of water per day.

By comparison, Santa Feans averaged 101 gallons per person per day last year.

Jarratt, a senior water rights holder who irrigates her farm from the Rio Grande downstream of Albuquerque, said farmers also are concerned about the kind of water they'll be stuck with out of the city's waste treatment plant. "We'll be getting sewage water. And sewage water is not the same quality as river water," Jarratt said. "It begs the question, is impairment (of senior rights) only about quantity of water or is it also about quality?"

Contact Staci Matlock at 470-9843 or smatlock@sfnewmexican.com.

IF YOU GO

What: The state Court of Appeals will hear an appeal of the river diversion permit for the Albuquerque-Bernalillo County Water Utility Authority

Where: New Mexico Court of Appeals, 237 Don Gaspar Ave., Santa Fe

When: 1:30 p.m. today