Feds confirm Colorado's claim that El Paso district wasted water

September 1996

U.S. Water News Online

DENVER -- A federal agency's report has confirmed Colorado's claim that the El Paso Water District in Texas wasted billions of gallons of Rio Grande irrigation water early this spring.

Last April, Colorado water engineers accused El Paso (Texas) Water Improvement District No. 1 of prematurely ordering and then wasting so much Rio Grande water from upstream storage in January and February that it prevented New Mexico's at-capacity Elephant Butte Reservoir from spilling over its rim.

Under a 58-year-old treaty among the three states, an overflow would have erased for the rest of the year Colorado's and New Mexico's legal obligation to send more water downriver to Texas.

One key issue in the dispute concerns El Paso's changing water use patterns from agriculture to homes and businesses in this booming urban center. Colorado water users worry that a growing, year-round demand downstream from El Paso's urban taps -- rather than the seasonal ups and downs of the farms that urban growth is supplanting -- will rob the state of a significant treaty benefit.

Colorado's ability to keep and use more Rio Grande water in "spill" years could evaporate, they argue, because metropolitan El Paso's year-round thirst might often keep Elephant Butte from topping out. What's more, if the 8.6-trillion-gallon reservoir falls below 130.4 billion gallons -- 15 percent of capacity -- upstream Colorado dams built since the 1938 compact can't store water.

Colorado took its case to the Rio Grande Compact Commission, which allocates the river's water according to the treaty. But when Colorado commissioner and state engineer Hal Simpson proposed at the annual meeting that the panel declare an official "spill" had occurred, Texas commissioner Jack Hammond voted no, killing the measure.

A month later, commission chairman and federal representative Ken Salazar of Denver asked the U.S. Bureau of Reclamation, which built and manages the Rio Grande Project, to look into the matter.

The Bureau's El Paso field office subsequently reported that only 17.3 percent of the more than 4.6 billion gallons of Rio Grande water sent to the El Paso irrigation system in January and early February went to farms. The rest was dumped unused into the river downstream.

The carefully worded document didn't accuse the El Paso district of wasting water, but said only that delivery records "indicate a low efficiency of less than 20 percent of diverted water reaching the farm headgates."

Steve Vandiver of Alamosa, the state engineer who blew the whistle, claimed the report supports his contention that "there was way more water in the system than there was demand."

The Bureau of Reclamation has refused to take sides. citing efficiency as their main concern. "That's the issue for us," said Bill Rohwer, deputy area manager in Albuquerque. "Efficiency, and whether or not the water is delivered to project lands."

Without a resolution, the three states could end up keeping dual sets of records about their Rio Grande water use. Since Colorado and New Mexico believe Elephant Butte would have overflowed this year, their books wouldn't show any debt for 1996. But Texas' accounting would, especially if dry conditions persist and the two upstream states don't deliver amounts for a non-spill year.

Under the river pact, Colorado and New Mexico can go into debt up to 100,000 and 200,000 acre feet of water, respectively -- 31.6 billion to 65.2 billion gallons -- before Texas can demand repayment. So a lawsuit over 1996 "debt" could be years off.



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