Significant loss for greater water accountability on the Rio Grande

The Middle Rio Grande hosts a rich, but fragile ecosystem that is home to numerous threatened and endangered species. The cottonwood-willow forests that are found in the valley are habitat for species including the Southwestern willow flycatcher and yellow billed cuckoo, both of which are protected under the Endangered Species Act. The health of these forests and the species that inhabit them, however, requires the dynamic and sustained flows of the Rio Grande, which have been gravely disrupted by these unsustainable diversions. Both courts determined that a mandamus petition to force the State Engineer to act was not the proper procedure. So Guardians petitioned the State Engineer to hold a hearing regarding whether he can continue to delay holding the district accountable for its water use. In November of 2020, the State Engineer issued a decision affirming his authority to continue allowing the District to delay providing information regarding how much water the District is actually putting to beneficial use. Guardians sued the State Engineer over this decision.