Acequia Legislative Update - Bills in Committee Friday, February 4

HB 117 (sponsored by Representative Miguel Garcia) will be heard in the House Agriculture and Water Resources Committee on Friday, February 4th at 8am in Room 310. Come and support the South Valley acequias!!

Background:

Historic acequias in the Middle Rio Grande are organizing for their survival and regeneration. Although they predate the Middle Rio Grande Conservancy District by more than a century, acequias within the district

face difficulties in maintaining their irrigation works, easements, and appurtenant water rights. This is the reason that many landowners in the South Valley have worked to re-establish the historic acequias within MRGCD. Because the MRGCD provides maintenance on irrigation works only up to a certain point, landowners need to work collectively to maintain their ditches and distribute water.... in other words, they need an acequia.

Community members have used the NMAA Acequia Governance Handbook in their reorganizing process. Their status and powers have been the subject of litigation and requests for AG opinions. The acequias of the South Valley are hopeful that a legislative solution can be found to clarify their status so that they can accomplish the long term goal of protection of water rights for agriculture and other benefits to the local community.

NEW MEXICO ACEQUIA ASSOCIATION

2010 CONGRESO DE LAS ACEQUIAS

Resolution 2010-003

RECOGNITION OF HISTORIC ACEQUIAS WITHIN MIDDLE RIO GRANDE CONSERVANCY DISTRICT

Whereas, acequias have a long history in the Middle Rio Grande dating back to the centuries-old settlements of the Atrisco, Tome, and Alameda land grants,

Whereas, acequias in the Middle Rio Grande functioned in the same manner as those in other areas of the state for over a hundred years but the acequias were later incorporated into the Middle Rio Grande Conservancy District in the 1920s,

Whereas, the extent of autonomy of acequias within the MRGCD has been the subject of litigation for the decades since the statutory creation of the MRGCD,

Whereas, in MRGCD v. Alameda (1934), a district court decision held that water distribution would be handled by a Mayordomo acceptable to the acequia and the District,

Whereas, MRGCD v. Chavez (1940), the NM Supreme Court held that the formation of MRGCD created a "superior authority" for the control of water distribution rather than the Los Chavez Acequia located within MRGCD,

Whereas, the Chavez decision also said that the duties of commissions over the Los Chavez Acequia remained in question and that determination was not necessary to a decision in that case,

Whereas, the Chavez decision further created ambiguity in saying that lateral ditches not on the official plan of the MRGCD were in the "ownership and control... of the land owners,"

Whereas, several acequias have reorganized themselves around laterals in the MRGCD in an effort to strengthen water distribution and improve water availability for irrigation,

Whereas, acequias within MRGCD have received capital outlay funds from the State Legislature but the Interstate Stream Commission has not entered into contracts to spend the funds because of questions about the status of the historic acequias within MRGCD,

Whereas, the Attorney General has not rendered any opinion that provides clarity on the role in water distribution or status as acequias for purposes of receiving capital outlay funds,

Therefore, be it resolved, the New Mexico Acequia Association requests that the MRGCD work collaboratively with acequias for the purpose of improving water distribution on historic laterals and clarifying the roles and responsibilities of local acequias in relation to the MRGCD,

Be it further resolved, the New Mexico Acequia Association requests that the New Mexico State Legislature consider legislation that would clarify the status and role of the historic acequias within MRGCD for the purpose of ensuring the continuation of irrigated agriculture in the Middle Rio Grande Valley,

Be it further resolved, that such legislation prescribe that acequias have the right to distribute water to its members from the headgate to the farms after the MRGCD has delivered water to the headgates but that acequias may enter into agreements with MRGCD for operation and maintenance of ditches,

Be it further resolved that copies of this resolution will be transmitted to the Middle Rio Grande Conservancy District, the Governor of New Mexico, State Legislative Leadership, the Interstate Stream Commission, and the State Engineer.