Solutions

While New Mexico’s water situation is dire, there are viable solutions to our water challenges.

Growing public awareness, hard-working and innovative state agency staff, and fledgling official actions point to the adaptive capacity New Mexico needs as we face a diminishing water supply caused chiefly by a warming climate. Initial steps are in the right direction, but urgent legislative leadership and actions are essential to ensure New Mexico’s water security. Notably, significant financial resources are needed to enable state government to fulfill crucial but neglected water governance and management roles.

New Mexico’s water future hinges on our ability to implement coordinated strategies at many levels.

Improved water security requires a multi-stakeholder approach that includes the state, regions, and communities embracing sound water governance practices, making and fulfilling their commitments for New Mexico’s water resilience.

Copy of 2025 Legislature Road Map Graphic (1)

This section explores these interconnected solutions to pave the way for a water resilient New Mexico, where limited water resources are managed responsibly and equitably for generations to come.

Good Water Governance

Water governance must be a lawful and evolving system that strives to balance the competing demands for this precious resource while ensuring its availability for future generations. At its core, effective water governance can be understood as a dynamic interplay between water management and planning, with each component continuously informing and shaping the other. In New Mexico, two state agencies play critical roles in this system:

The Office of the State Engineer (OSE) is the state’s primary water regulator, responsible for the day-to-day administration of New Mexico’s water resources, including the management of water rights and permits to use New Mexico’s water.
The Interstate Stream Commission (ISC)—an independent sister agency—focuses on interstate water issues, long-term water planning, and water infrastructure projects.

Ultimately, successful water governance hinges on strong political will, requiring collaboration among legislators, agencies, local governments, and the public to safeguard this vital resource.

Political Will

Political will represents the collective commitment and determination of elected officials, regulators, policymakers, the public and other stakeholders to prioritize and implement policies for effective water management and conservation.

For water governance to be adequate and effective, elected officials and government agencies must champion modern water management strategies. The state holds a constitutional and moral responsibility to protect the public health, safety, and welfare of its citizens through responsible water stewardship. However, regular overuse and an outdated emphasis on water development have contributed to today’s water shortages. Laws passed in the last 20 years provide frameworks for collective action, but the state has yet to seriously utilize these tools. Dedicated and capable staff face significant challenges due to a lack of modern resources and support, leaving them ill-equipped to respond to the escalating water crises.

Political will is essential to securing a livable future for New Mexico through a sustained, bipartisan commitment to water security that outlasts individual state administrations.

Water Management

Water management in New Mexico is a complex, neglected issue, urgently requiring improvement to balance competing demands, stop illegal uses of water, conserve water, and adapt to changing conditions.

To build a resilient future, New Mexico’s Legislature must prioritize and empower effective water governance. Specifically, the state must:

Accelerate the implementation of laws and programs enacted and underway, which requires expanding agency capacity and one-time budgets for system improvements.
Modernize water agencies with the resources and productive processes needed to fulfill their essential regulatory, management, and planning roles, which only the state holds the legal authority to implement.
Regulate groundwater pumping to stop depletion of aquifers due to ongoing overuse.
Honor intrastate and interstate water-sharing obligations, safeguarding New Mexico from potential Supreme Court intervention.
Prioritize water in policy decisions, making water security a central consideration across all areas of governance.
Engage stakeholders, fostering communication and collaboration among diverse groups, including local governments, tribal communities, agricultural producers, environmental organizations, and the public, to build consensus and support for water policies.
Enhance water awareness, knowledge, and understanding among New Mexicans through public water education and outreach programs.

Current New Mexico water law has evolved piecemeal over decades from territorial law and template statutes prepared by the Bureau of Reclamation. The model Reclamation statutes were required for federal involvement and funding to create federal irrigation and conservancy districts. The construction of the Elephant Butte Dam and associated New Mexico and Texas irrigation works were the nation’s first Reclamation project. Portions of the state’s water law still date back to the 1907 Territorial Water Code, initially enacted to allow the Elephant Butte Dam’s construction. Additional laws from the early to mid-20th Century, along with court opinions, authorized the regulation of groundwater pumping to protect adjacent rivers and the Roswell Artesian Basin aquifer.

Recognizing that water management and planning go hand in hand, the legislature overhauled the first, simplistic regional water planning law with the 2023 Water Security Planning Act. This legislation delegates authority to regional entities, empowering them to assess, prioritize, and implement programs, policies, and projects that enhance community water resilience.

New Mexico water law

New Mexico water law operates on the principle of prior appropriation, where senior water rights hold priority over junior rights, regardless of the type of use. While theoretically, junior rights would be curtailed to ensure full supply for senior rights, New Mexico has historically relied on cultural traditions of shortage-sharing over strict priority administration. This practice has allowed for continued upstream diversions and groundwater overpumping, accelerating aquifer depletion.

In 2012, the New Mexico Supreme Court unanimously upheld a 2003 statute granting the State Engineer new authority to administer water by priority, introducing mechanisms for junior rights holders to continue to use their water rights under voluntary agreements with senior rights holders. This system named Active Water Resource Management (AWRM), is a carrots-and-sticks approach that encourages voluntary shortage-sharing agreements. While AWRM has proven effective in smaller northern New Mexico basins, notably the Rio Chama, litigation and political challenges have, so far, prevented its application in larger regions like the Middle Rio Grande or the Lower Rio Grande. AWRM is constitutional law: Section 72-2-9.1 New Mexico Statutes Annotated 1978, 19.25.13 New Mexico Administrative Code. 2012-NMSC-039.

Certain state water laws are also federal laws. For example, the federal 1890 Ferguson Act permanently assigns revenue from certain state trust lands to construct water infrastructure. The interstate stream compacts are federal law, signed by the President, and state law, signed by the states’ respective Governors. It is settled federal law that water apportioned to states by compacts has the superior right.

Under the guidance and adept leadership of former State Engineer Mike Hamman, New Mexico recently advanced pivotal strategies that were created and endorsed by the 2022 New Mexico Water Policy and Infrastructure Task Force, through consensus. This progress marks New Mexico’s critical shift from historical neglect toward a resilience-focused and sustainable approach to water governance. The 2023 Water Security Planning Act, a specific task force recommendation, authorizes and delegates responsibility to new regional entities to identify, evaluate, and prioritize conservation practices and infrastructure investments for all the region’s communities. It enables regions to voluntarily establish shortage-sharing agreements in place of strict priority administration.

The 2023 Act also mandates that regional water security planning incorporate the best available water data and models and assigns the ISC the responsibility to prepare them for the regions’ use. The Act focuses on regional authority and responsibility for planning in alignment with the law and ISC Rules. It focuses on scientific integrity and requires the development of shared, community-centered values.

Science & Data

Sound science and reliable data form the bedrock of effective water management, offering a solid basis and vital insights for informed decision-making, future planning, and creation and vetting of solutions toward improved community water supply resilience. Key benefits include:

Informed Decision-Making: Sound science and data provide evidence-based insights into the current state of water resources, usage patterns, and potential future scenarios. This information enables policymakers to make informed decisions about water allocation, conservation measures, infrastructure investments, and other crucial aspects of water management.
Predictive Modeling and Forecasting: Scientific models and data analysis allow water managers to forecast future water availability, assess climate change impacts, and anticipate water scarcity or flooding events. This foresight supports proactive planning and deveopment of workable adaptation strategies.
Identifying and Addressing Challenges: Timely and accurate data helps identify specific concerns, such as rapidly declining groundwater levels, contamination, and inefficient or wasteful water use. Routine and targeted monitoring and measurements allow decision-makers to allocate resources effectively and prioritize interventions.
Evaluating Policy Effectiveness: Robust data collection and monitoring systems enable the evaluation of water policies and programs, ensuring they achieve desired outcomes and allow for adjustments as needed.
Transparency and Accountability: Public access to reliable and timely water data fosters transparency and accountability in water management, encouraging stakeholder participation in decision-making, tracking progress, and holding officials accountable.

By embracing data-driven approaches and investing in water data infrastructure, New Mexico can strengthen the resilience and security of its water resources for the the future, in full accordance with state law.

From the President’s Desk: Rio Grande Compact Jeopardy

March 4, 2025 Norm GaumeLegislature, Middle Rio Grande Water Resilience, Water Overuse

New Mexico’s water resource management agencies are telling the Legislature that New Mexico faces Middle Rio Grande compact jeopardy and lacks capacity to prevent that jeopardy from becoming a disaster. What jeopardy, you might be thinking? This is how the […]

Legislature: Please Fund NM Water Security!!

March 2, 2025 Norm GaumeLegislature, Opportunity Costs, Water Commons

This is a critique of the water-related special appropriations in House Bill 2, the 2025 General Appropriation Act that passed the House on February 24. The appropriations emphasize treating brackish water as a niche water supply rather than seeking broad […]

Workshop: Aquifer Mapping and Data Initiative Act

October 21, 2024 – 6:30 to 8:00 PM

This was a presentation from the New Mexico Bureau of Geology and Mineral Resources featuring Stacy Timmons, Rachel Hobbs, and Laila Sturgis and addressing project updates from the Aquifer Mapping effort for New Mexico, how these efforts tie to the […]

Water Security Agenda

New Mexico has enacted several important water laws and initiated essential new water security programs in the last 20 years.

Now is the time to build on these foundations.

Fully funding the implementation of key legislation, such as the Water Data Act and the Water Security Planning Act, is crucial for securing New Mexico’s water future. These acts provide a framework for addressing critical water challenges, yet their potential can be realized only if state water agencies have the capacity to fully implement them. This section outlines essential elements of New Mexico’s water security agenda and emphasizes 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, to be provided by the Interstate Stream Commission and the State Engineer with outcomes from the Water Data Act.

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, coordinated by the New Mexico Bureau of Geology and Mineral Resources. Four other state agencies that compile and own water data must organize and publish their data. 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 non-regulatory 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, and maintaining and interpreting the data to build actionable knowledge of New Mexico’s groundwater resources. Given that New Mexico’s relies on groundwater more than any other state, this comprehensive, decade-long initiative is crucial.

Active Water Resources Management (AWRM)

NM Water Deliverables Chart

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 exceed actual water availability), AWRM is grounded in real “wet” water use and availability, ensuring the water is distributed in accordance with law 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 to lack of political will and limited staffing and regulatory capacity. As a result, recent annual water depletions in the Lower Rio Grande are approximately 19,000 acre-feet above New Mexico’s allowable share of the total releases from Elephant Butte Reservoir. In the Middle Rio Grande, average annual water depletions have exceeded the legal limit by 22,000 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 reorganizing, 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, through 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.

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Workshop: 2025 New Mexico Legislative Water Priorities

Nov 21, 2024 – 6:30 to 8:00 PM

Ladona Clayton and Norm Gaume discussed what the 2025 Legislature must accomplish to begin a course correction toward successful adaptation to NM’s more arid future. Learn about your part in helping achieve these goals

Achieving Water Security

Water security forms the foundation of a thriving New Mexico. It ensures that our communities, economies, and ecosystems have reliable access to the water they need to flourish, now and in the future. 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, New Mexico water agencies can make informed decisions about the management of aquifer usage and recharge. This will help ensure a sustainable future for these significant water sources. 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.

A Vision for New Mexico’s Water Future

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 our water security agenda, and participation from all. By embracing this vision, New Mexico can secure a vibrant and water-secure future for generations to come.

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Workshop: Water Security Planning Act Update & Community Conversation

June 20, 2024 – 6:30 to 8:00 PM

A discussion with Hannah Riseley White,NM ISC Director and Phil King, Ph.D., P.E., New Mexico water professor (ret.), NM Water Ambassador, special technical advisor to […]

Resources

Water planning in New Mexico is a dynamic and evolving field. Staying up-to-date on the latest research, publications, and news is crucial for understanding the complexities of our water challenges and contributing to effective solutions.

This section provides a curated collection of resources to help you navigate the world of New Mexico water planning. Whether you’re a policymaker, researcher, ally, or concerned community member, you’ll find links to valuable information and insights here to deepen your understanding and empower your engagement in water issues.

New Mexico Water Agencies
Office of the State Engineer (OSE)

New Mexico Interstate Stream Commission (ISC)

ISC – Mainstream NM

New Mexico Environment Department

New Mexico Bureau of Geology & Mineral Resources

New Mexico Water Plans
Past State Water Plans The New Mexico Office of the State Engineer and Interstate Stream Commission

2024 Plan: Water Data Initiative (September 2024) New Mexico Bureau of Geology and Mineral Resources (NMBGMR)

Water Compacts, Statutes, and Regulations
2023 Water Security Planning Act 72-14A NMSA

2019 Water Data Act 72-4B NMSA

Aquifer Mapping Program at NMBGMR

Rio Grande Compact

Publications and Research
Climate Change in New Mexico Over the Next 50 Years: Impacts on Water Resources (aka Leap Ahead Analysis) (December 2022) New Mexico Bureau of Geology and Mineral Resources, Bulletin 164

Facing New Mexico’s 21st Century Water Challenges (December 2022) New Mexico Water Policy and Infrastructure Task Force

Resilience of Water Use Sectors to Climate Change in New Mexico (June 29, 2023) New Mexico Interstate Stream Commission

New Mexico Tribal Water Report New Mexico Tribal Water Report (2022) Tribal Water Work Group

Acequia Community Water Report: Prepared in Partnership with the 50 Year Water Plan (May 2022) New Mexico Acequia Association on behalf of the Acequia Water Planning Working Group

New Mexico Water Use by Categories (2015) Office of the State Engineer

Non-Governmental Water and Related Groups
350 New Mexico

Adobe Whitewater Club

Amigos Bravos

CESSOS

Coalition of Sustainable Communities NM

Conservation Voters of New Mexico

Friends of Bosque del Apache

League of Women Voters of New Mexico

Middle Rio Grande Endangered Species Collaborative Program

MRCOG Water Resources Board

New Mexico Acequia Association

New Mexico Healthy Soil Working Group

New Mexico Interfaith Power & Light

New Mexico Rural Water Association

New Mexico Water Dialogue

New Mexico Wild

Ogalla Land & Water Conservancy

Rio Grande Return

Santa Fe Watershed Association

Save our Bosque Task Force

Sierra Club Rio Grande Chapter

Water Can’t Wait

Western Resource Advocates

Valencia Water Watchers

Solutions

While New Mexico’s water situation is dire, there are viable solutions to our water challenges.

New Mexico’s water future hinges on our ability to implement coordinated strategies at many levels.

Good Water Governance

Political Will

Water Management

New Mexico water law

Science & Data

Related Articles

From the President’s Desk: Rio Grande Compact Jeopardy

Legislature: Please Fund NM Water Security!!

Workshop: Aquifer Mapping and Data Initiative Act

Water Security Agenda

The 2023 Water Security Planning Act

The 2019 Water Data Act

Aquifer Mapping Program

Active Water Resources Management (AWRM)

Modernization for Resilience

Water Education

Related Articles

Workshop: 2025 New Mexico Legislative Water Priorities

Achieving Water Security

Aquifer Resilience: Water Security for New Mexicans relying on groundwater

Interstate Stream Compacts Compliance

Public Engagement and Awareness

Crisis Avoidance and Preparedness

A Vision for New Mexico’s Water Future

Related Articles

Workshop: Water Security Planning Act Update & Community Conversation

Resources

2025 New Mexico Water Advocates

Articles

Events

Our Water Crisis

Solutions

About NM Water

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