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.
