US Supreme Court settles long-running water dispute over dwindling Rio Grande
The court accepts the recommendation to move forward with agreements first proposed last year by New Mexico, Texas, Colorado; Gov. Lujan Grisham says the agreement will provide clarity for water users and local communities
The U.S. Supreme Court has approved a settlement package designed to rein in groundwater pumping along one of North America's longest rivers and ensure enough water reliably makes it from New Mexico to Texas, ending a long-running dispute over management of the Rio Grande.
In a brief order Tuesday, the court accepted the recommendation of a special master to move forward with agreements first proposed last year by New Mexico, Texas and Colorado.
The settlement calls for reducing groundwater pumping along the dwindling river and retiring water rights from irrigated farmland in southern New Mexico. The states held up the proposal as a promise to restore order to an elaborate system of storing and sharing water between two vast irrigation districts in southern New Mexico and western Texas.
"We're very excited to be redirecting resources from costly and lengthy litigation to solutions on the ground," Hanna Riseley-White, director of the Interstate Stream Commission, said Wednesday.
New Mexico Gov. Michelle Lujan Grisham said the agreement will provide clarity for water users and local communities.
鈥淲ater is the foundation of New Mexico鈥檚 agricultural economy and the lifeblood of communities across the southern part of our state,鈥� Lujan Grisham said in a news release. 鈥淭his settlement means farmers in the Lower Rio Grande can plan for the future, communities have certainty about their water supply and New Mexicans aren't on the hook for a liability that could have cost billions.鈥�
Attorney General Ra煤l Torrez said the settlement鈥痯rotects the state鈥檚 interests.
鈥淭his settlement鈥痳epresents鈥痑 fair and responsible resolution to a decade of litigation that carried enormous financial risk for New Mexico,鈥� Torrez said in a news release. 鈥淗ad this case continued and the Court ruled against us, New Mexico taxpayers could have faced billions of dollars in liability to Texas.鈥�
Under the settlement, New Mexico will continue work already underway in the Lower Rio Grande to improve water management, support conservation, strengthen data and monitoring, and plan for long-term aquifer sustainability in partnership with local water users and communities.
鈥淲e all rely on water, and this settlement helps protect New Mexico鈥檚 water future while supporting the communities, farms, and businesses that depend on the Rio Grande,鈥� Riseley White said. 鈥淲e are grateful for the years of effort among the many parties that brought us to this agreement, creating a collaborative path forward grounded in science, law, and long-term stewardship.鈥�
Those solutions will include everything from long-term fallowing programs and more efficient irrigation infrastructure to developing new sources of water, like tapping brackish supplies or importing water, and improving stormwater management so more runoff can be captured and stored.
Researchers have warned that unsustainable use of the Rio Grande 鈥� which originates in Colorado and stretches south into Mexico 鈥� threatens water security for millions of people who rely on the binational river basin.
Farmers in southern New Mexico increasingly have turned to groundwater to irrigate pecan orchards and chile crops as hotter, drier conditions have reduced river flows and storage over recent decades. That pumping is what prompted Texas to sue in 2013, claiming the practice was cutting into water deliveries.
While the Colorado River gets all the headlines, experts say the situation along the Rio Grande is just as dire. Stretches of the river as far north as Albuquerque are expected to go dry again this year, marking the third time in five years.
The settlement package provides for a detailed accounting system for sharing water with Texas. New Mexico could rely on credits and debits from year to year to navigate through drought and wet periods, though it could be responsible for additional water-sharing obligations if deliveries are deferred too long.
鈥淭his agreement gives New Mexico the tools, flexibility, and time needed to meet our legal obligations while continuing to support agriculture, economic activity and responsible water management across the region,鈥� State Engineer Elizabeth Anderson said in a news release.
Under the settlement, New Mexico must reduce annual groundwater depletions by 18,200 acre-feet, or about 5.9 billion gallons within the next 10 years. The commitment includes completing half of that within the next five years.
Riseley White said that represents about 5% to 7% of current groundwater use in the lower Rio Grande. The settlement doesn't dictate what sector the water savings comes from, so she said industry and municipalities could also partner with the state to meet the mandates.
Still, officials expect to achieve most of the necessary reductions from buying water rights from the agricultural industry, meaning more farmland would be retired.
Riseley-White said listening sessions are underway this week and the first acquisitions are expected to begin later this year. New Mexico has secured more than $40 million in federal funding to support the effort, she said.
This report has been updated by Journal editors to include statements from the governor鈥檚 office.
