UNITED STATES NEWS

US judge recommends settlement over management of the Rio Grande

Jul 5, 2023, 2:31 PM

ALBUQUERQUE, N.M. (AP) — A federal judge has recommended that the U.S. Supreme Court approve a settlement among three Western states over the management of one of North America’s longest rivers.

U.S. Circuit Judge Michael Melloy, the special master overseeing the case, outlined his recommendation in a report filed Monday. He called the proposal fair, reasonable and consistent with a decadeslong water-sharing agreement that spells out how Colorado, New Mexico and Texas must share the Rio Grande.

It was unclear when the Supreme Court will take up the recommendation. The court just wrapped up a busy term last week, issuing rulings on affirmative action, gay rights and President Joe Biden’s $400 billion plan to cancel or reduce federal student loan debt.

The states reached the proposed settlement last year. The federal government objected for several reasons, including that the proposal did not mandate specific water capture or use limitations within New Mexico.

“The end result today may be a delay in final resolution of all of the United States’ concerns. But as a matter of paramount importance to the compact, the Texas apportionment and the treaty water will be delivered,” Melloy wrote in his report.

New Mexico officials have said implementing the settlement will require reducing the use of Rio Grande water through a combination of efforts that range from paying farmers to leave their fields barren to making infrastructure improvements.

Former New Mexico Attorney General Hector Balderas, whose office was part of the negotiations, told The Associated Press on Wednesday that he was grateful the judge recommended approval.

Balderas, who finished his tenure in 2022, said the proposed settlement was “a historic victory for New Mexico’s farmers and ranchers and will protect New Mexico’s most precious resource for future generations.”

Some New Mexico lawmakers voiced concerns during a recent legislative meeting, saying the settlement will create a battle between users in southern and northern New Mexico and that most farmers won’t go for the prices being offered by the state through a fallowing program.

Farmers in southern New Mexico had to rely more heavily on groundwater wells over the last two decades as drought and climate change resulted in reduced flows and less water in reservoirs along the Rio Grande. That groundwater pumping is what prompted Texas to sue, claiming that the practice was cutting into the amount of water that was ultimately delivered as part of the interstate compact.

Melloy noted that the proposal recognizes the new use of a gauging station near El Paso, Texas, and several other measurements to ensure New Mexico delivers what’s owed to Texas. New Mexico is agreeing to drop its challenges against Texas in exchange for clarifying how water will be accounted for as it flows downstream.

The proposal also places a duty on New Mexico to manage citizens’ water use to meet delivery requirements at the new gauging station. Melloy pointed out that the proposal does not specify how New Mexico must accomplish its internal water management goals.

State Engineer Mike Hamman, New Mexico’s top water manager, said Wednesday that his office is committed to complying with the settlement and the compact “through water rights administration, depletion management and supply augmentation strategies that will prevent the burden of compliance from falling on any single sector, particularly agriculture.”

If New Mexico fails to send enough water to Texas, then the Elephant Butte Irrigation District — the largest in New Mexico — must temporarily transfer rights to an irrigation district in Texas. If Texas receives too much, there would be a similar transfer from the El Paso district to the Elephant Butte district.

Melloy said there’s nothing in the proposal that protects New Mexico or users in the state against future claims from the federal Bureau of Reclamation or from other New Mexicans.

“Simply put, if usable water arrives in the reservoir, is released for use downstream, and reaches Texas and Mexico in the proper amounts,” Melloy wrote, “fights over who in New Mexico is taking too much and paying too little (and whether New Mexico itself is doing enough to address and police the situation) can be resolved somewhere other than the Supreme Court.”

United States News

Associated Press

Norman Lear, producer of TV’s ‘All in the Family’ and influential liberal advocate, has died at 101

LOS ANGELES (AP) — Norman Lear, the writer, director and producer who revolutionized prime time television with “All in the Family,” “The Jeffersons” and “Maude,” propelling political and social turmoil into the once-insulated world of TV sitcoms, has died. He was 101. Lear died Tuesday night in his sleep, surrounded by family at his home […]

33 minutes ago

Associated Press

White House delays menthol cigarette ban, alarming anti-smoking advocates

WASHINGTON (AP) — White House officials will take more time to review a sweeping plan from U.S. health regulators to ban menthol cigarettes, an unexpected delay that anti-tobacco groups fear could scuttle the long-awaited rule. Administration officials indicated Wednesday the process will continue into next year, targeting March to implement the rule, according to an […]

51 minutes ago

Associated Press

New GOP-favored Georgia congressional map nears passage as the end looms for redistricting session

ATLANTA (AP) — A Georgia special session to redraw congressional and legislative voting district maps is likely to end Thursday after a House committee on Wednesday advanced a Republican-favored congressional map that targets Democratic U.S. Rep. Lucy McBath’s current district. However, the wrangling is unlikely to end there, with those who brought the challenges that […]

1 hour ago

President Joe Biden delivers remarks at the White House Tribal Nations Summit at the Department of ...

Associated Press

Biden’s campaign will not commit yet to participating in general election debates in 2024

TUSCALOOSA, Ala. (AP) — President Joe Biden’s campaign is not yet committing to general election debates next year, the latest sign that a staple of modern White House campaigns may not be in play in 2024. Quentin Fulks, Biden’s top deputy campaign manager, told reporters Wednesday that the president’s reelection campaign would “look at the […]

2 hours ago

Associated Press

Nevada grand jury indicts 6 fake Donald Trump electors

RENO, Nev. (AP) — A Nevada grand jury indicted six Republicans who submitted certificates to Congress falsely declaring Donald Trump the winner of the 2020 presidential election in their state, making Nevada the third to seek charges against so-called “fake electors.” Nevada Attorney General Aaron Ford began investigating the fake electors last month. He said […]

2 hours ago

Associated Press

Juanita Castro, anti-communist sister of Cuban leaders Fidel and Raul, dies in Miami at 90

MIAMI (AP) — Juanita Castro, the sister of Cuban rulers Fidel and Raúl Castro who worked with the CIA against their communist government, has died in Miami at 90. Florida had been her home since shortly after fleeing the island nearly 60 years ago. Journalist María Antonieta Collins, who co-wrote Juanita Castro’s 2009 book, “Fidel […]

2 hours ago

Sponsored Articles

...

Dierdre Woodruff

Interest rates may have peaked. Should you buy a CD, high-yield savings account, or a fixed annuity?

Interest rates are the highest they’ve been in decades, and it looks like the Fed has paused hikes. This may be the best time to lock in rates for long-term, low-risk financial products like fixed annuities.

Follow @KTAR923...

The 2023 Diamondbacks are a good example to count on the underdog

The Arizona Diamondbacks made the World Series as a surprise. That they made the playoffs at all, got past the Milwaukee Brewers in the NL Wild Card round, swept the Los Angeles Dodgers in the NLDS and won two road games in Philadelphia to close out a full seven-game NLCS went against every expectation. Now, […]

Follow @KTAR923...

West Hunsaker at Morris Hall supports Make-A-Wish Foundation in Arizona

KTAR's Community Spotlight this month focuses on Morris Hall and its commitment to supporting the Make-A-Wish Foundation in Arizona.

US judge recommends settlement over management of the Rio Grande