Current work in wildlife, rivers, public lands, and climate

Monday, March 21, 2016
Guardians Seeks Equity and Accountability for Rio Grande

Suit to Force Water Accounting by the District
Contact: Jen Pelz (303) 884-2702 jpelz@wildearthguardians.org

Additional Contact:
Samantha Ruscavage-Barz, 505-401-4180

SANTA FE, N.M.—WildEarth Guardians filed a lawsuittoday in state district court to protect flows in the Rio Grande by demanding theState Engineer hold the Middle Rio Grande Conservancy District accountable for itsunrestrained use of the river in central New Mexico. The suit calls on theDistrict to prove that it has actually used the large quantity of water itclaimed upon receiving its permits from the State Engineer 80 years ago. Despitethe clear mandate under its permits, the District has long avoided proving itsuse with the hope of over time expanding dramatically the irrigated acreage inthe valley.

“For80 years the State has given the District a blank water check which isdepriving the Rio Grande, the Bosque and their native fish, wildlife and plantsof the water they need to thrive,” said Jen Pelz, the Wild Rivers ProgramDirector at WildEarth Guardians. “Thiswild-west approach to water management is killing our river and threatening thelong-term water sustainability of the state, including the state’s ability tomeet its obligations under the Rio Grande Compact.

Guardiansis requesting the court compel the State Engineer to perform his mandatory dutyunder the law to either set a date by which the District must prove actual useof the water it claimed in 1925 or cancel the permits. State law requires apermit holder “prove beneficial use” of the water it claimed by the datecertain set in the permit. The State generously granted extensions to theDistrict from 1935 to 1987 and still the District did nothing to make good onits obligation. In 1997, after another decade of inaction, State Engineer TomTurney set a deadline of December 31, 1997 for completion of a wateraccounting. As of the date of this lawsuit, the District continues to skirt itsmandate.

“TheDistrict has a responsibility to the water users in the District as well as thecitizens of the State of New Mexico to only use the water it needs,” addedPelz. “Our suit will provide accountability and free up water to help right thehistoric injustice that deprives the river of a right to its own water.”

Thegroup also simultaneously filed two applications with the State Engineer toappropriate water to store in the Environmental Pool in Abiquiu Reservoir and sustainenvironmental flows in the Rio Grande. The applications claim any and all waterthe District has not put to beneficial use and dedicates it in the future to protectand restore flows, habitat and ecosystems important for the survival of fish,wildlife and plants of the Rio Grande.

“TheDistrict does not have any right, let alone an inalienable right, to controlthe entire flow of the Rio Grande,” added Pelz. “It is time to make the riverwhole again and ensure that current and future generations of New Mexicans havea living Rio Grande.”

SamanthaRuscavage-Barz, WildEarth Guardians’ staff attorney represents the organizationin the litigation. This lawsuit is the latest action in the group’s campaign toprotect and restore the Rio Grande, America’s third longest and one of its mosticonic rivers.