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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