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WRRI Report No. 312 June 2000 Proceedings 44th Annual New Mexico Water Conference The Rio Grande Compact: Its the Law! December 2-3, 1999 La Fonda on the Plaza, Santa Fe New Mexico Water Resources Research Institute New Mexico State University Las Cruces, NM 88003 co-sponsored by New Mexico Riparian Council M. Karl Wood, Director Bobby Creel, Assistant Director Catherine T. Ortega Klett, Conference Coordinator, Proceedings Editor Darlene Reeves, Projects Coordinator John F. Kennedy, GIS Coordinator/Conference Photographer Ellie Maese Duran, Administrative Secretary Michelle Ford-Del Rio, Records Specialist TABLE OF CONTENTS Directors Statement Conference Program Keynote Address: The History of the Rio Grande Compact of 1938 Douglas R. Littlefield, Littlefield Historical Research Other Historical Perspectives on the Rio Grande Compact Post Compact Delivery of Water by New Mexico Philip Mutz, retired, Office of the State Engineer Delivery of San Juan Water to the Otowi Gage Fred Allen, retired, Office of the State Engineer Rio Grande Underground Water Basin Declared Jim Williams, retired, Office of the State Engineer How We Dealt with the Drought of the 50s: A Panel Discussion Gary Esslinger, Elephant Butte Irrigation District (moderator) Rudy Provencio, Ted Cox John Clayshulte, Tribal Perspectives on the Rio Grande Compact Blane Sanchez, Pueblo Tribal Member Peter Chestnut, general counsel, Acoma and San Ildefonso Pueblos How Colorado Meets Its Obligation Under the Rio Grande Compact Steve Vandiver, Colorado Division of Water Resources Hydrology and Key Accounting Components of the Compact Conrad Keyes, Environmental and Water Resources Institute Surface Water Hydrology of the Rio Grande Basin Lee Wilson, Lee Wilson & Associates Overview of the Groundwater Hydrology of the Rio Grande Basin John Hawley, Emeritus Senior Geologist, NM Tech, Bureau of Mines and Mike Kernodle, geohydrologist Current Water Budget of the Middle Rio Grande Basin Frank Titus, hydrogeologist Steve Hansen, Bureau of Reclamation What is the Water Supply: Integrating Water Budget Studies Deborah Hathaway, Papadopulos & Associates Proposed Middle Rio Grande Guidelines for Review of Water Rights Applications John DAntonio, Office of the State Engineer Paleohydrology of the Rio Grande Neal Ackerly, Dos Rios Consultants, Inc. Current and Projected San Juan/Chama Water Use Jaci Gould, Bureau of Reclamation John Stomp, City of Albuquerque Mike Hamman, City of Santa Fe New Mexicos Obligation and Compliance under the Rio Grande Compact Norman Gaume, Interstate Stream Commission Consequences of Noncompliance Charles DuMars, University of New Mexico School of Law Do We Need Water Markets? John Hernandez, Professor Emeritus, New Mexico State University Lee Brown, Professor Emeritus, University of New Mexico Upper Rio Grande Basin Water Operations Review and Environmental Impact Statement Major David Guzman, Corps of Engineers History and Significance of the Low-Flow Conveyance Channel: What is its Future? Chris Gorbach, Bureau of Reclamation Domestic Well Depletions in the Rio Grande Basin John Shomaker, John Shomaker & Associates Demographic Trends and Water Demand: New Mexico, El Paso and Ciudad Juárez Jim Peach, New Mexico State University Opportunities and Constraints for Environmental Enhancement and Recreation Along the Rio Grande Brian Hanson, US Fish and Wildlife Service Steve Harris, Rio Grande Restoration Concluding Panel: Issues and Concerns Bob Armstrong, Federal Rio Grande Compact Commissioner Steve Vandiver, representing the Colorado Rio Grande Compact Commissioner Tom Turney, New Mexico Rio Grande Compact Commissioner Joe Hanson, Texas Rio Grande Compact Commissioner New Mexico Water Conference Advisory Committee Water Conference Participant List 44th Annual New Mexico Water Conference The Rio Grande Compact: Its the Law! December 2-3, 1999 La Fonda on the Plaza, Santa Fe PROGRAM Thursday Morning, December 2 History Behind the Rio Grande Compact 7:30 am Registration, Mezzanine West, La Fonda on the Plaza 8:30 Opening Remarks Bobby J. Creel, Acting Director, Water Resources Research Institute Ondrea Linderoth-Hummel, President, New Mexico Riparian Council Arthur Sanchez, Santa Fe Mayor Pro-Tem 8:45 Keynote Address: History of the Rio Grande Compact of 1938 Douglas R. Littlefield, author of Interstate water conflicts, compromises, and compacts: The Rio Grande, 1880-1938 9:45 Other Historical Perspectives on the Rio Grande Compact: Philip Mutz, 34-year tenure with the Office of the State Engineer Fred Allen, 30-year tenure with the Office of the State Engineer Jim Williams, 30-year tenure with the Office of the State Engineer 10:30 Break ___________________________________________ 10:50 How We Dealt with the Drought of the 50s Moderated by Gary Esslinger Ted Cox, John Clayshulte, Sr., Rudy Provencio 11:30 Tribal Perspectives on the Rio Grande Compact Blane Sanchez, Sandia Pueblo Peter Chestnut, general counsel, Acoma and San Ildefonso pueblos Thursday Afternoon How the Rio Grande Compact Works 1:30 pm How Colorado Meets Its Obligations Under the Rio Grande Compact Steve Vandiver, Colorado Division of Water Resources 2:15 Hydrology and Key Accounting Components of the Compact Conrad Keyes, Environmental and Water Resources Institute 2:30 Surface Water Hydrology of the Rio Grande Basin Lee Wilson, Lee Wilson & Associates 2:45 Overview of the Groundwater Hydrology of the Rio Grande Basin John Hawley, Emeritus Senior Geologist, NM Tech, Bureau of Mines Mike Kernodle, geohydrologist 3:00 Current Water Budget of the Middle Rio Grande Basin Frank Titus, hydrogeologist Steve Hansen, Bureau of Reclamation 3:20 Break 3:40 What is the Water Supply: Integrating Water Budget Studies Debbie Hathaway, Papadopulos & Associates 3:50 Basin Groundwater Criteria John DAntonio, Office of the State Engineer 4:05 Paleohydrology of the Rio Grande Neal Ackerly, Dos Rios Consultants, Inc. 4:25 Current and Projected San Juan/Chama Water Use Jaci Gould, Bureau of Reclamation John Stomp, City of Albuquerque Mike Hamman, City of Santa Fe 5:00-6:45 Reception hosted by Hydrosphere Resource Consultants, Inc. Santa Fe Room 7:00 pm Dinner Banquet - Ballroom New Mexico Riparian Council 1999 Awards First Albert E. Utton Memorial Water Lecture Leon Metz, Historian and Author Friday Morning, December 3 Planning for the Future and Meeting Compact Obligations 8:00 am New Mexicos Obligations and Compliance under the Rio Grande Compact Norman Gaume, Interstate Stream Commission 8:45 Consequences of Noncompliance Charles DuMars, University of New Mexico School of Law 9:00 Do We Need Water Markets? John Hernández, Professor Emeritus, New Mexico State University Lee Brown, Professor Emeritus, University of New Mexico 9:30 Upper Rio Grande Basin Water Operations Review and Environmental Impact Statement Lt. Col. Thomas Fallin, Corps of Engineers 9:50 History and Significance of the Low-Flow Conveyance Channel: What is its Future? Chris Gorbach, Bureau of Reclamation 10:10 Break 10:30 Domestic Well Depletions John Shomaker, John Shomaker & Associates 10:45 Demographics and Projected Demands on the System Jim Peach, New Mexico State University 10:55 Opportunities and Constraints for Environmental Enhancement and Recreation Along the Rio Grande Brian Hanson, US Fish and Wildlife Services Steve Harris, Rio Grande Restoration 11:25 Concluding Panel: Issues and Concerns Hal Simpson, Colorado Rio Grande Compact Commissioner Tom Turney, New Mexico Rio Grande Compact Commissioner Joe Hanson, Texas Rio Grande Compact Commissioner 12:00 Closing Remarks Bobby J. Creel, WRRI The Rio Grande Compact: RIO GRANDE COMPACT Its the Law! The State of Colorado, the State of New Mexico, (g) Annual Debits are the amounts by which and the State of Texas, desiring to remove all causes actual deliveries in any calendar year fall below of present and future controversy among these States scheduled deliveries. and between citizens of one of these States and The Rio citizens of another State with respect to the use of the (h) Annual Credits are the amounts by which Grande waters of the Rio Grande above Fort Quitman, Texas, actual deliveries in any calendar year exceed sched- Compact and being moved by considerations of interstate uled deliveries. comity, and for the purpose of effecting an equitable apportionment of such waters, have resolved to (i) Accrued Debits are the amounts by which conclude a Compact for the attainment of these the sum of all annual debits exceeds sum of all annual purposes, and to that end, through their respective credits over any common period of time. Governors, have named as their respective Commis- sioners: (j) Accrued Credits are the amounts by which the sum of all annual credits exceeds the sum of all For the State of Colorado M.C. Hinderlider annual debits over any common period of time. For the State of New Mexico Thomas M. McClure For the State of Texas Frank B. Clayton (k) Project Storage is the combined capacity of Elephant Butte Reservoir and all other reservoirs who, after negotiations participated in by S.O. actually available for the storage of usable water Harper, appointed by the President as the \representa- below Elephant Butte and above the first diversion to tive of the United States of America, have agreed lands of the Rio Grande Project, but not more than a upon the following articles, to-wit: total of 2,638,860 acre feet. ARTICLE I (l) Usable Water is all water, exclusive of credit (a) The State of Colorado, the State of New water, which is in project storage and which is Mexico, the State of Texas, and the United States of available for release in accordance with irrigation America, are hereinafter designated Colorado, demands, including deliveries to Mexico. New Mexico, Texas, and the United States, respectively. (m) Credit Water is that amount of water in project storage which is equal to the accrued credit of (b) The Commission means the agency created Colorado, or New Mexico, or both. by this Compact for the administration thereof. (n) Unfilled Capacity is the difference between (c) The term Rio Grande Basin means all of the total physical capacity of project storage and the the territory drained by the Rio Grande and its amount of usable water then in storage.