Executive Council

The Governor has allowed the Office of the State Engineer and the Interstate Stream Commission to request funding for more staff capacity and competitive salaries but not enough for the agencies to face New Mexico’s climate and water realities. Next fiscal year’s state budget must provide non-recurring funding from rich oil and gas revenues for state agencies to make major headway over the next three years. 

The Legislature must augment the funding the Governor has permitted the Office of the State Engineer (OSE) and Interstate Stream Commission (ISC) to request by authorizing funds from rich oil and gas revenues to accelerate work that only the State can do to secure New Mexico’s water future.  Implementing three transformative 20^th Century water laws and enabling agency programs, including State Engineer water rights enforcement and Bureau of Geology aquifer mapping, requires a large increase in one-time funding.  These Water Advocates recommendations focus on addressing neglected but vital initiatives for sustainable water security, emphasizing strategic use of current revenues to protect and manage the state’s water resources for improved water security.

Key Elements of the Water Advocates’ Budget Recommendations

The Governor’s proposed budget includes a $1.2 million in annual funding for the staff capacity required to accelerate the Bureau of Geology Aquifer Mapping Program implementation. The Governor’s request, as presented November 26th, to the legislature’s Water and Natural Resources Committee includes only $30 million of the $175 million in non-recurring funding needed to finish the program in 10 to 12 years.  This level of funding is sufficient to organize, design, drill, and equip an initial set of 100 dedicated aquifer research and monitoring wells that the Bureau of Geology says is required to characterize New Mexico’s fresh water and brackish water aquifers.

Water Security Planning Act Implementation.  Taking a similar approach, implementation of the 2023 Water Security Planning Act requires state funding for regions to prepare their regional water security plans.  The Governor allowed the Interstate Stream Commission to request $0.8 million for new water planning staff positions and $1 million for one-time expenses, with nothing for the regions, even though the law grants the authority and responsibility to the regions to do the planning.  ISC’s role is to make good planning possible by providing grants to regions.

Only stingy appropriations to implement this law were in the ISC’s budgets for FY24 and FY25, one of the reasons the ISC progress to date has been insufficient.  A $30 million FY26 special appropriation of non-recurring funding would provide for initial grants to regions to prepare proposed work plans for ISC approval, and grants to begin implementing the approved regional work plans, including regional water education and community engagement.  Without an appropriation of this magnitude, three years will have elapsed before any funding has been allocated to do the rigorous work of water planning pursuant to the 2023 state law.

1. Regional Water Planning Grants: Direct grants to water planning regions to empower local stakeholders to address water security challenges through solutions the regions vet and prioritize in accordance with the 2023 law and forthcoming rule and guidelines.
2. Regional Water Planning Data Sets and Water Resources Simulation Models.  Funding for the ISC to work with the Water Data Initiative to supply water planning data and models to regions, as required by law.
3. Community Engagement and Education: Funding to ensure the public is informed and involved in water management efforts, recognizing that public participation is essential for the success of regional planning initiatives.

Modernization of New Mexico’s water agencies is required to bring their methods and tools into the 21^st century.  The agencies must develop modern standard operating procedures that utilize modern information technology to increase the speed, quality, and productivity of agencies’ work and workers.  Two principal work areas deserve emphasis: Water Data Act Implementation.  A $30 million non-recurring special appropriation for use over the next three years is needed.

1. OSE’s and ISC’s Directing Agency Roles to Implement the 2019 Water Data Act: Fund the Directing Agencies to fulfill their roles and responsibilities under the 2019 Act.  The Bureau of Geology has done an amazing job to organize and provide a framework for implementing the Act but the OSE and ISC are just getting started to clean-up the water data they collect and own and make it available to their staff and to the public, online, for informed decision-making. Transparency and accountability in water resources management require public water data to be accessible and of known quality.  Too much agency data are inaccessible to agency staff much less the public and are poor quality.  The Office of the State Engineer definitely has a data quality problem, characterized by the phrase, garbage in – garbage out, with no applicable and active quality control measures.
2. Modernize OSE Water Use Reporting to provide accurate and timely data for use in water management and planning.  The OSE’s most recent water use report is for 2015.  The once every five-years report is laboriously complied, relies heavily on methods developed over 50 years ago, and fails to address natural depletions.  Basic water use reporting and compilations can and should be automated, freeing scarce human resources to analyze the water use data and give it contextual meaning.

Active Water Resources Management. The Water Advocates emphasize the need for $2 million over three years to enforce Active Water Resources Management (AWRM) in critical areas like the Middle and Lower Rio Grande for Rio Grande Compact compliance purposes.  Funding is required to develop:

1. District-Specific Rules: Developing regulations to address overuse of 25,000 to 30,000 acre-feet per year in the Middle Rio Grande and 16,000 to 18,000 acre-feet per year in the Lower Rio Grande.
2. Water Banking: Establishing mechanisms in the District-Specific Rules so that essential water uses that do not hold sufficient senior water rights can continue in practice and in accordance with law by paying for nonuse by senior water right owners.
3. Public Outreach: Engaging communities to build understanding and support for necessary enforcement measures.
4. Enforcement: Enforcement also requires a new law in 2025 to make enforcement effective against unlicensed well drillers, illegal wells, overuse and waste, and use without water rights without a resorting to a suing for a District Court injunction.  Suing violators to compel compliance is laborious and a poor use of limited agency human resources, and essentially unworkable.

Aquifer Mapping, Research and Monitoring Program.  New Mexicans deserve to know how much ground water they have left and how fast is it being depleted.  The Bureau of Geology’s Aquifer Mapping Program requires $175 million over 12 years to drill 100 aquifer monitoring wells and $1.25 million for staffing. The Governor’s proposed $30 million over three years is only a fraction of the program’s full funding requirement, leaving a significant gap in this critical initiative that future legislators will have to fill.

The Governor’s Funding Shortcomings

While the Governor’s budget plan generously increases funding for OSE and ISC staff capacity, it is unreasonably limited in addressing the highest priority multi-year projects that New Mexican’s water and economic security require. All the initiatives are foundational to ensuring water security but are unfunded or grossly underfunded. The current approach will delay work that will become more costly and complex, as the time needed increase New Mexico’s water security slips away while the situation worsens without any robust response.

What becomes possible when our agencies are well-funded, our water security laws are fully implemented, and we all work together?  The Water Advocates envision a future where New Mexico thrives in harmony with its arid environment. When this vision is realized, New Mexico will be a state where:

• Diverse cultures flourish: Indigenous and traditional water practices are honored and integrated with modern solutions, ensuring cultural continuity and resilience.
• Economic prosperity is sustained: Water is used wisely to support a diverse economy, including agriculture, industry, and tourism, while prioritizing the needs of communities.
• Food Security is strengthened: Water is prioritized for local food production, enhancing food security across the state. 
• Natural ecosystems are protected: Healthy rivers, wetlands, and riparian areas support biodiversity and provide critical ecosystem services.
• Communities are resilient: Water resources are managed equitably and sustainably empowering communities to withstand drought and the impacts of climate change.

Achieving this future requires a collective commitment to good water governance, active engagement in New Mexico’s water security agenda, and inclusive participation. By embracing this vision, New Mexico can secure a vibrant and water-secure future for generations to come.

Now is the time to build on the foundation of good water law already on the books.  Fully funding the implementation of key legislation—is crucial for securing our water future. These acts provide a framework for addressing critical water challenges, yet their full potential can only be realized if state water agencies have the capacity to fully implement them.  Here are the essential elements of our water security agenda emphasizing the urgent need for accelerated progress.

• The 2023 Water Security Planning Act: Passed unanimously in its first year, this act emerged as a direct recommendation of the 2022 Water Policy and Infrastructure Task Force. Endorsed by the Governor, the State Engineer, and legislators, the Act received unanimous support in committee hearings and both legislative chambers. Its goal is to establish a statewide set of regional water resilience plans, grounded in robust data and each region’s unique hydrologic reality. Effective water planning requires good water data and water models, both of which state water agencies are mandated to provide under this law.
• The 2019 Water Data Act: This act addresses the critical need for comprehensive and accessible water data to support effective water management across New Mexico. Currently, data availability varies significantly across the state, limiting planning and decision-making capabilities. The Act mandates a modern, integrated approach to water data management, spearheaded by the New Mexico Bureau of Geology and Mineral Resources alongside other state agencies. Full implementation of the Act—including through data collection, analysis, and public accessibility, is essential for sustainable water use and building a resilient future for New Mexico.
• Aquifer Mapping Program: Led by the Bureau of Geology and Mineral Resources, New Mexico’s designated water science agency, this program received legislative funding in the early 2010s.  It involves extensive aquifer research and monitoring to determine the quality and quantity of both fresh and brackish groundwater,  estimated remaining water resources, and project longevity under current usage rates. This initiative requires drilling about 100 dedicated aquifer monitoring wells statewide, maintaining and interpreting the data to build actionable knowledge of New Mexico’s groundwater resources. Given New Mexico’s reliance on groundwater more than any other state, this comprehensive, decade-long initiative is crucial. 
• Active Water Resources Management (AWRM): This approach administers “wet water” in accordance with legal requirements, through either priority administration or shortage-sharing agreements that equivalently limit total water use.  Unlike the Office of the State Engineer’s administration of “paper water” (rights and permits that may exceed actual water availability), AWRM is grounded in real water use and availability, ensuring that legal objectives are met without exceeding the resource’s natural limits.  Active Administration of water by the State Engineer, based on actual available water, was authorized by a straightforward 2003 water law—upheld by the New Mexico Supreme Court in 2012—that recognized the urgent need for water administration and compact compliance. However, AWRM has yet to be fully implemented due lack of political will and limited staffing and regulatory capacity. As a result, annual water depletions in the Lower Rio Grande are approximately 9,000 acre-feet above New Mexico’s allowable share of releases from Elephant Butte Reservoir. In the Middle Rio Grande, average annual water depletions have exceeded the legal limit by 26,000 acre-feet per year on average since 2018, setting the state up for further interstate litigation. Immediate, full implementation of AWRM is crucial. The 2023 Water Security Planning Act further supports AWRM by allowing water planning regions to voluntarily develop shortage-sharing plans as a central component of their regional water security strategies.  
• Modernization for Resilience: New Mexico’s state water agencies, tasked with managing our precious water resources and protecting our water rights, need adequate funding and staffing to operate effectively.  These agencies must be empowered to modernize their operations by updating their business processes, enhancing data collection and verification methods, and replacing dysfunctional information technology  infrastructure. The success of New Mexico’s water security agenda—and the effective implementation of the great laws already enacted—depends on this modernization.  Key areas for improvement include: 
  • Adopting modern business practices and information safeguards
  • Significantly enhancing quality control for water data collected, maintained, and managed by the Office of the State Engineer (OSE) and Interstate Stream Commission (ISC)
  • Ensuring reliability in water use measurements and data collection
  • Timely generation of integrated water use data to support effective water planning and administration
  • Fulfilling responsibilities assigned by the Water Data Act 
  • Administering “wet water” (actual water available) to meet legal and management requirements
  • Equipping OSE/ISC with modern information technology essential for agency staff to effectively fulfill their statutory responsibilities.
• Water Education: Building widespread public awareness and understanding of New Mexico’s water challenges and solutions is essential to achieving water security. This involves creating and implementing comprehensive educational programs that reach diverse communities across the state. These programs should leverage multiple platforms—community gatherings, schools, workshops, webinars, and online resources—to share knowledge about water conservation, efficient water use, and the importance of active public engagement in water management decision-making.

An informed and engaged public is crucial for achieving water security. While Water Advocates play a vital role and believe in the power of public education to drive change, achieving this goal requires the collective efforts of water governance bodies, environmental organizations, and engaged citizens to make this a reality. Water education is a primary objective of  our advocacy, and these programs should aim to:

• Be accessible: Reach diverse audiences by using a variety of platforms—workshops, webinars, online resources, and community events—that reach diverse audiences and cater to different learning styles.
• Be comprehensive: Address a broad range of topics, including water conservation, efficient water use, water rights, and the impacts of climate change on water resources—as well as the results of inaction.
• Be engaging: Employ interactive and participatory approaches to learning, such as hands-on activities, simulations, and community discussions, to make learning memorable and impactful.
• Be inclusive: Ensure that materials and programs are culturally appropriate and accessible to everyone, including individuals with limited English proficiency or disabilities.
• Empower action: Equip individuals with the knowledge and tools to become active stewards of water resources in their homes, communities, and workplaces.

By fostering public awareness and understanding of water issues, we can empower New Mexicans to play an active role in shaping a sustainable water future for the state.

All the Above Actions and Fully Funded Program Lead to Achieving
Water Security

Water security forms the foundation of a thriving New Mexico. As stated above, achieving water security requires a multifaceted approach, encompassing responsible management, forward-thinking planning, and collaborative action. 

Aquifer Resilience:  Water Security for New Mexicans relying on groundwater. With a comprehensive understanding of this vital groundwater resource, achieved through the Aquifer Mapping programs and groundwater resilience planning, our water agencies can make informed decisions about the management of aquifer usage and recharge.  A resilient aquifer can maintain its essential functions—providing water for people, ecosystems, and economies—even under changing conditions. Where aquifers are tributary to rivers, higher water security is attained when a coordinated plan is implemented to manage both surface and groundwater resources, preventing excessive groundwater pumping that damages aquifers and hinders compact compliance.

Interstate Stream Compacts Compliance: – Achieving water security for New Mexicans reliant on interstate stream water requires meeting depletion limits and delivery requirements specified in enforceable compacts. The Active Water Resources Management (AWRM) authorizing statute, along with supporting State Engineer rules and the 2012 NM Supreme Court unanimous decision, provides a strong legal framework. Effective application of AWRM in the Lower and Middle Rio Grande —whether through priority administration or regional shortage-sharing agreements—will enhance resilience in these basins’ water supplies. Compliance with Colorado River Basin compacts, however, is more complex and can best be improved through regional water security planning and vigorous state advocacy in intergovernmental forums. Compliance with all interstate obligations should be actively managed, monitored, and publicly reported. 

Public Engagement and Awareness: New Mexico will always have to live with scarce water resources and the challenges of increasing aridity, making public engagement and education critical. Regional water security planning will foster engagement from stakeholders, communities, and the general public through statewide and regionally focused educational campaigns. New Mexicans deserve clear information on the realities of their water resources;  consistent public education can help advance awareness and acceptance that current water management practices must evolve for long-term water security.

Crisis Avoidance and Preparedness:  Water Security is strengthened when state agencies and communities understand water resource trends and impending insecurity early, allowing for timely actions to avert crises or plan for their impacts. Preparedness is also bolstered when the state government has advance plans, resources stockpiled, and funds set aside to provide meaningful assistance in the face of unanticipated water crises.

The legislature’s Water and Natural Resources Committee conducted its only water-focused meeting this year July 25-26 at Sandia Pueblo.  Legislators heard from expert panels on topics selected by the Committee leadership.  Three panels, numbers 5, 9, and 11 below, supported the need for Water Governance Reform in New Mexico.  Water Governance Reform is an overarching advocacy theme of the Middle Rio Grande Water Advocates.

Members of multiple panels recommended bold action by the Legislature to face our future with considerably lower water supplies.  Common themes included,

1. substantially bolstering state water management agencies’ capacity,
2. the requirement for the State Engineer to implement Active Water Resources Management to reduce water use through collaborative shortage sharing agreements, and
3. the need for robust and meaningful regional and community water planning to equitably improve the resilience of water supplies and water users. 

Panels of water experts and agency leaders spoke on each of the topics listed below.  Water Advocates president Norm Gaume presented on panels 9 and 11.  Videos of the presentations and legislators’ questions and comments have been released, and are available at the links below.  The agenda and handouts are available on the Water and Natural Resources Committee webpages.

The morning session on July 25 included panels:
. 1. Opening prayer and introductions of the legislators (starts at 9:13am)
. 2. History, Present and Future of Native American Water Use  (starts at 9:31am)
. 3. Status of Indian Water Rights Litigation and Settlements  (starts at 10 :39am)
. 4. Water Pipeline to To’hajiilee  (starts at 11:33am)

The afternoon session on July 25 included panels:
. 5. Water Management in an Era of Decreasing Supply; Increased Use and the Effect of Groundwater Depletions and Climate Change  (starts at 1:03pm)
. 6. The Legal and Regulatory Framework of Environmental Flows in New Mexico  (starts at 2:52pm)
. 7. The Strategic Water Reserve:  Status, Needs and Reform  (starts at 3:23pm)
. 8. Risk of Flooding from Wildfires  (starts at 3:43pm)

The morning session on July 26 included panels:
. 9. Water System Governance and Reform  (starts at 9:11am)
. 10. Water Use in Cannabis Production  (starts at 10:38am)

The afternoon session on July 26 included panels:
. 11. Middle Rio Grande Water Use and Compliance with the Rio Grande Compact  (starts at 1:01pm)
. 12. New Mexico Unit Fund: Process Access and Status  (starts at 2:33pm)
. 13. Update on Texas v. New Mexico (closed session, no video)