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 adaptation we need in the face of much less water resulting from our hotter climate. While productive steps are being taken, far more must be done. Significant funding is needed to accelerate the state government fulfilling its water management and governance roles. 

New Mexico’s water future hinges on our ability to implement comprehensive solutions with the state, regions, and communities embracing sound water governance practices and fulfilling commitments to Water Security. 

This section explores these interconnected solutions which will pave the way for a resilient NM, where limited water resources are managed responsibly and equitably.

GOOD WATER GOVERNANCE

Water governance is a complex and evolving system that strives to balance the competing demands for this precious resource while ensuring its availability for future generations. At its core, water governance can be understood as a dynamic interplay between water management and planning, with each component continuously informing and shaping the other. In NM, two sister 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 our water resources, including the management of water rights and permits to use New Mexico’s water. The Interstate Stream Commission (ISC)—an independent agency—focuses on interstate water issues, long-term water planning, and the development of 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

In the context of water resiliency, political will represents the collective commitment and determination of elected officials, policymakers, and the public to prioritize and implement policies for effective water management and conservation. Elected officials and government agencies must champion modern water management strategies. While the state holds a constitutional and moral responsibility to protect the public health, safety, and welfare of its citizens through responsible water stewardship, regular overuse and an outdated emphasis on water development has contributed to today’s water shortages and the threats of an increasingly water shortage future. Existing NM laws provide a framework for collective action, but the state has yet to fully 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 transcends changing administrations. To build a resilient future, our Legislature must prioritize and empower effective water governance as follows:

• Accelerate the implementation of 21st-century laws and programs already enacted, which requires expanding agency capacity.
• Modernize water agencies with the resources and productive processes needed to fulfill their essential roles, which only the state holds the legal authority to implement.
• Regulate groundwater pumping to stop aquifers from depletion 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.

Water Management

Water management in our state is a complex, neglected issue, urgently requiring improvement to balance competing demands, to conserve, and to adapt to changing conditions. Current water law evolved piecemeal over decades, largely influenced by template state statutes prepared by the Bureau of Reclamation. These statutes were required for federal involvement in creating federal irrigation and conservancy districts, with the construction of the Elephant Butte Dam and associated NM and TX irrigation works as the nation’s first Reclamation project. Sections of our current water law date back to the 1907 Territorial Water Code,  enacted to allow the 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 water management and planning go hand in hand, in 2023 the NM legislature overhauled regional water resilience planning requirements by passing the 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 operates on the principle of prior appropriation, where senior water rights hold priority over junior rights, regardless 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 over pumping, accelerating aquifer depletion. 

In 2012, however, 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 use under voluntary agreements with senior rights holders. This system, known as 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 Lower Rio Grande. AWRM is law. 19.25.13 New Mexico Administrative Code.

Under the guidance and adept leadership of former State Engineer Mike Hamman, New Mexico has recently advanced pivotal strategies 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 authorizes and delegates responsibility to regional entities to identify, evaluate, and prioritize conservation practices and infrastructure investments for all the region’s communities. It allows 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, with a focus on scientific integrity and community-centered values. 

Science & Data

Sound science and reliable data form the bedrock of effective water management, offering vital insights for informed decision-making, future planning, and sustainable solutions. 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 adaptation strategies.
• Identifying and Addressing Challenges: Accurate data helps identify specific – concerns, such as rapidly declining groundwater levels, contamination, and inefficient or wasteful water use. This targeted information allows 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 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 long term.