U.S. Water News Online
SANTA FE -- A settlement of water rights along the Pecos River was upheld by the state Court of Appeals.
The court, in a unanimous ruling, said the settlement did not violate the state constitution's "anti-donation" clause or the legal doctrine of prior appropriation, which calls for those with the oldest water rights to have priority in times of shortage.
Estevan Lopez, director of the Interstate Stream Commission, said the court's ruling was important because the settlement is critical for the state to meet its interstate compact obligations to deliver certain amounts of water to Texas.
"The state made a policy decision to fix a system that was out of balance. This vindicates that everyone was correct," said Lopez.
The 2003 settlement between the state engineer, the Carlsbad Irrigation District, the Bureau of Reclamation and the Pecos Valley Artesian Conservancy District resolved long-standing litigation over water rights.
Under the settlement, the state is buying thousands of acres of land and its associated water rights along the Pecos River to help ensure that certain amounts of water flow downstream to Texas.
The settlement was challenged by the Hope Community Ditch Association, an acequia association made up of 42 family farms, and Carlsbad area farmers known in the lawsuit as Tracy/Eddy Trusts and Farms.
Paul Bloom, a lawyer for the challengers, said he could not comment on the ruling because he had not seen a copy of the court's 42-page opinion. He said a decision would be made later on whether to appeal the case to the state Supreme Court.
The court rejected arguments the settlement violated the doctrine of prior appropriation, which if implemented during shortages on the Pecos River could mean cutting off junior water rights around Roswell.
The court also disagreed with arguments the settlement violated the anti-donation clause by using taxpayer money to buy land and water rights to substitute for enforcement of water rights priorities.
The state plans to purchase irrigated farmland around Roswell and Carlsbad, then halt the irrigation and transfer water to well fields, which will be pumped to boost New Mexico's delivery of water to Texas.
The Legislature has approved millions of dollars so far for water rights and land acquisition to carry out the settlement.
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