Water and Natural Resources Committee of the NM Legislature
Public Comment Letter: Confronting Water Planning and Governance Neglect
Executive Summary
New Mexico faces escalating water crises—including aquifer depletion, unsustainable surface water use, unsettled tribal water rights, and the likelihood of a Rio Grande Compact violation by 2026. Yet the State lacks the capacity to respond effectively. The Office of the State Engineer and Interstate Stream Commission do not have sufficient resources to fulfill their mandates.
The 2023 Water Security Planning Act requires a decentralized regional planning program. Regions cannot succeed until they are funded. The ISC’s centralized, consultant-driven approach is causing delays and undercutting regional council formation.
False promises of game-changing amounts of “new water” have diverted legislative attention and resources from urgently needed investments in protecting our good water.
Key Recommendations to the Legislature’s Water and Natural Resources Committee:
- Modernize and fund core state water agencies through one-time, multi-year appropriations tied to accountable progress toward outcomes.
- Ensure near-term implementation of the Water Security Planning Act by holding ISC accountable for timely implementation of the Act’s decentralization mandate and offering grant funding for all Regional Water Planning areas to initiate self-organization in FY26.
- Address the imminent new Compact violation risk due to Middle Rio Grande water overuse by providing the State Engineer with the practical enforcement authority and resources to administer diversions.
- Meet New Mexico’s water needs by investing in water planning and management. Stop the neglect.
These actions align with the Committee’s 2025 work plan and are essential to restoring trust, resilience, and legal compliance in New Mexico’s water future.
July 8, 2025 @ 9:21 pm
Re (1): Perhaps stating the obvious, perhaps not: please make that “collaboratively developed, measurable outcomes.” Thanks!
July 8, 2025 @ 8:40 am
Example: While reporting a months long leak in a Walmart restroom to the BernCo Water Authority water waste division, I was told their hands are tied when it comes to enforcement with privately owned businesses. The employee expressed frustration with this huge limitation stating a huge amount of water waste is occurring in that sector. This condition must be changed if BernCo is serious about fighting water waste.
July 8, 2025 @ 8:27 am
There ain’t no new water. It is a zero-sum game. So, planning would more appropriately be called: Who we gonna take water from first.” and : “How are we gonna compensate the owners.” That doesn’t take much planning. That is not a pessimistic point of view. Aren’t we taught as children: “Live within your means” Remember TANSTAFL.
Produced water is a false hope. Listen to Bruce Thompson’s talk on the subject. It keeps a lot of academics happy to study, study, study, with OPM and build bigger bureaucracies that waste a lot of paper. Sorry for being. We at WaterBank facilitate the efficient transfer of water rights that they may continue to be placed to beneficial use for a strong economy in New Mexico. And, we are pretty good at it and is the State Engineer. They need proper funding. By the way, I seen the good progress of our friends at NMTech in meeting the goals of the Water Data Act.
July 10, 2025 @ 10:42 am
Bill,
I understand your perspective is that of a water rights broker. More specifically, you advocate that water be treated entirely as a commodity.
From my perspective as a retired water resources engineer and manager, water is a commodity, and some of it must be managed as such.
Water commodification, on the other hand, does not protect the sacred, the spiritual, and the living. These have statutory and equitable rights. State Engineer General Counsel Nat Chakares described them as water uses that water rights do not support but “that are not going away.” We are living the fundamental clash between 19th century water law and 21st century hydrologic and climate realities.
I wish the Governor understood the science of produced water treatment. Her power is the reason the Water Quality Control Commission scheduled a multiple-day hearing in Jal to overturn to Commission’s recent decision that said, no scientific data, no permits for off-oil field reuse or disposal, end of story.
Norm