Protecting New Mexico's Water
Texas and New Mexico –
The Dispute on the Lower Rio Grande
In 2001 the Texas Legislature appropriated $6.2 million to the Texas Attorney General
to sue the State of New Mexico on the Rio Grande. In 2003, the Texas Legislature
appropriated $10.3 million to the Texas Attorney General for this purpose. In response,
The Office of the Attorney General went to the New Mexico Legislature and received
an appropriation of $9.2 million and is using that money to prepare New Mexico’s
defense of the anticipated litigation. The Attorney General has retained the best
lawyers, scientists and engineers with expertise in this area. While New Mexico
did not seek this litigation and would prefer to attempt to negotiate an amicable
agreement with Texas, it would be foolhardy not to prepare for litigation Texas
seems determined to bring. Texas wants more water which means less water for New
Mexico and New Mexicans. Given that and the potential for tens of millions of dollars
in economic loss if Texas is successful, preparing for this unwelcome litigation
is not only wise, it is a necessity.
Silvery Minnow - Litigation
In 1999 several environmental groups sued the federal government under the Endangered
Species Act to force the release of water owned by farmers and municipalities along
the Rio Grande for the Rio Grande silvery minnow, an endangered species. The State
of New Mexico intervened in the lawsuit to protect the state and its citizens. While
New Mexico agrees that endangered species must be protected, we definitely disagree
that this can and should be done by taking water, without compensation, from the
farmers and cities that own it. To date, the environmental groups have been successful,
but the litigation continues and is presently before the United States Tenth Circuit
Court of Appeals for the second time.
Cooperation
Because of the importance of protecting both our water and endangered species, the
Attorney General was one of the founding members of the Middle Rio Grande Endangered
Species Act Collaborative Program. This group, composed of state and federal agencies,
farmers, municipalities and environmentalists is seeking to resolve the conflict
that litigation has been unable to resolve - the conflict between New Mexico's water
and water rights and the recovery of endangered species. Founded before any litigation
was filed, the group has been successful in such endeavors as habitat restoration,
building a naturalized refugia for silvery minnows, rescuing fish from drying stretches
of the river and purchasing water to aid the minnow. To date, the group has brought
tens of millions of federal money into New Mexico for these purposes. The Attorney
General's Office is committed to this cooperative approach to problem solving and
believes that it, rather than contentious litigation, is the better way to resolve
the problem.