WildEarth Guardians

Wednesday, August 20, 2014
Water Accountability Sought for Rio Grande

River Needs Sustained Flows to Thrive
Contact: Jen Pelz 303-884-2702

ALBUQUERQUE, N.M.—To protect essential flows in the Rio Grande and curb depletions from an already stressed ecosystem, WildEarth Guardians today warned the Middle Rio Grande Conservancy District and the State of New Mexico that the District’s continued excessive and unregulated diversions from the river in central New Mexico and the State’s lack of oversight harm imperiled species in violation of the Endangered Species Act.

The group’s notice highlights the District’s unauthorized Water Bank as a prime example of the excessive pressures placed on the already overtaxed flows in the Rio Grande and the State’s general complacence in allowing such illegal uses to continue unchecked.

“Outrage would ensue if a bank opened its doors and began providing loans without any money in its vaults,” said Jen Pelz the Wild Rivers Program Director at WildEarth Guardians. “Yet, this is exactly what the District is doing with its Water Bank. The District has provided no proof to the State that water actually exists for distribution to additional users.”

In 1997, the State raised significant concerns regarding the validity of the Water Bank and insisted that the District prove-up its water rights before opening the bank. As it has done over the past 80 years, however, the District refused to submit its proof of beneficial use to the State and proceeded to operate its Water Bank. Despite the State’s serious concerns over the validity of the Water Bank, it has not taken any action to curtail deliveries to Water Bank lessees or shutdown the bank until it is authorized.

“Progress toward a living river is not possible with a system of water law that is so lacking in accountability,” added Pelz. “The District is not above the law and we plan to provide order in this system of chaos.”

While the group’s lawsuit targets the Water Bank’s impacts to flows in the river and thereby harming endangered species, operation of the bank also threatens the ability of state and federal agencies to meet their obligations to senior water users—such as the six Middle Rio Grande Pueblos—and may limit the State’s ability to meet its obligation under the Rio Grande Compact.

“The wild west approach to water management can no longer account for the complex demands on and climatic changes to the river and reform is long overdue,” added Pelz. “The Rio Grande is an artery of life that sustains all New Mexicans and its health is essential in order to sustain future generations.”