FINAL 2016 Lower Pecos Valley Regional Water Plan

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December 2016 State of New Mexico Interstate Stream Commission Office of the State Engineer Lower Pecos Valley Regional Water Plan

Transcript of FINAL 2016 Lower Pecos Valley Regional Water Plan

  • December 2016

    State of New MexicoInterstate Stream CommissionOffice of the State Engineer

    Lower Pecos Valley Regional Water Plan

  • Cover photograph: East of the Delaware River looking downstream, Eddy County, New Mexico

  • Lower Pecos Valley Regional Water Plan 2016 i

    Table of Contents

    Executive Summary ................................................................................................................................ ES-1

    1. Introduction ............................................................................................................................................ 1

    2. Public Involvement in the Planning Process .......................................................................................... 4 2.1 The New Mexico Interstate Stream Commissions Role in Public Involvement in the

    Regional Water Plan Update Process ............................................................................................. 5 2.2 Public Involvement in the Lower Pecos Valley Planning Process ................................................. 7

    2.2.1 Identification of Regional Steering Committee Members and Stakeholders ..................... 7 2.2.2 Regional Water Plan Update Meetings .............................................................................. 8 2.2.3 Current and Future Ideas for Public Outreach during Implementation of the

    Regional Water Plan Update ............................................................................................ 13

    3. Description of the Planning Region ..................................................................................................... 13 3.1 General Description of the Planning Region................................................................................ 13 3.2 Climate ......................................................................................................................................... 17 3.3 Major Surface Water and Groundwater Sources .......................................................................... 18 3.4 Demographics, Economic Overview, and Land Use ................................................................... 19

    4. Legal Issues .......................................................................................................................................... 21 4.1 Relevant Water Law ..................................................................................................................... 21

    4.1.1 State of New Mexico Law ............................................................................................... 21 4.1.2 State Water Laws and Administrative Policies Affecting the Region ............................. 34 4.1.3 Federal Water Laws ......................................................................................................... 38 4.1.4 Tribal Law ....................................................................................................................... 40 4.1.5 Local Law ........................................................................................................................ 40

    4.2 Relevant Environmental Law ....................................................................................................... 43 4.2.1 Species Protection Laws .................................................................................................. 43 4.2.2 Water Quality Laws ......................................................................................................... 45

    4.3 Legal Issues Unique to the Region and Local Conflicts Needing Resolution ............................. 51

    5. Water Supply ........................................................................................................................................ 51 5.1 Summary of Climate Conditions .................................................................................................. 53

    5.1.1 Temperature, Precipitation, and Drought Indices ............................................................ 53 5.1.2 Recent Climate Studies .................................................................................................... 68

    5.2 Surface Water Resources ............................................................................................................. 69 5.3 Groundwater Resources ............................................................................................................... 93

    5.3.1 Regional Hydrogeology ................................................................................................... 93 5.3.2 Aquifer Conditions .......................................................................................................... 98

    5.4 Water Quality ............................................................................................................................. 102 5.4.1 Potential Sources of Contamination to Surface and Groundwater ................................ 103

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    5.5 Administrative Water Supply ..................................................................................................... 135 5.5.1 2010 Administrative Water Supply ............................................................................... 135 5.5.2 Drought Supply .............................................................................................................. 135

    6. Water Demand .................................................................................................................................... 137 6.1 Present Uses ............................................................................................................................... 137 6.2 Demographic and Economic Trends .......................................................................................... 148

    6.2.1 De Baca County ............................................................................................................. 149 6.2.2 Lincoln County .............................................................................................................. 150 6.2.3 Chaves County ............................................................................................................... 151 6.2.4 Otero County ................................................................................................................. 153 6.2.5 Eddy County .................................................................................................................. 153

    6.3 Projected Population Growth ..................................................................................................... 156 6.4 Water Conservation .................................................................................................................... 158 6.5 Projections of Future Water Demand for the Planning Horizon ................................................ 166

    6.5.1 Water Demand Projection Methods ............................................................................... 167 6.5.2 Lower Pecos Valley Projected Water Demand .............................................................. 171

    7. Identified Gaps between Supply and Demand ................................................................................... 178

    8. Implementation of Strategies to Meet Future Water Demand ............................................................ 181 8.1 Implementation of Strategies Identified in Previously Accepted Regional Water Plan ............ 181 8.2 Water Conservation .................................................................................................................... 185 8.3 Proposed Strategies (Water Programs, Projects, or Policies) ..................................................... 185

    8.3.1 Comprehensive Table of Projects, Programs and Policies ............................................ 185 8.3.2 Key Strategies for Regional Collaboration .................................................................... 188 8.3.3 Key Program and Policy Recommendations ................................................................. 189

    References ................................................................................................................................................. 190

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    List of Figures

    1-1 Location of Lower Pecos Valley Water Planning Region ............................................................... 2

    3-1 Regional Map ................................................................................................................................. 16

    3-2 Land Ownership ............................................................................................................................. 20

    4-1 NMOSE-Declared Groundwater Basins and Groundwater Models .............................................. 35

    5-1 Climate Stations ............................................................................................................................. 57

    5-2a Average Temperature, Sumner Lake and Ruidoso 2 Climate Stations .......................................... 59

    5-2b Average Temperature, Roswell FAA Airport and Carlsbad Climate Stations .............................. 60

    5-3 Average Annual Precipitation (1980 to 2010) ............................................................................... 61

    5-4a Annual Precipitation, Sumner Lake and Ruidoso 2 Climate Stations ........................................... 62

    5-4b Annual Precipitation, Roswell FAA Airport and Carlsbad Climate Stations ................................ 63

    5-5 Snow Depth and Snow Water Equivalent for April ....................................................................... 64

    5-6 Palmer Drought Severity Index, New Mexico Climate Divisions 6 and 7 .................................... 66

    5-7 Major Surface Drainages, Stream Gages, Reservoirs, and Lakes .................................................. 71

    5-8 Minimum and Median Yield 1950 through 2013 .......................................................................... 84

    5-9a Annual Streamflow for Selected Gaging Stations on the Pecos River .......................................... 85

    5-9b Annual Streamflow for Selected Gaging Stations on the Pecos River .......................................... 86

    5-9c Annual Streamflow for Selected Gaging Stations on the Pecos River and Rio Hondo ................. 87

    5-9d Annual Streamflow for Selected Gaging Stations on the Rio Ruidoso and Carlsbad Main Canal .............................................................................................................................................. 88

    5-10a Geology and Physiographic Provinces .......................................................................................... 94

    5-10b Geology Explanation ..................................................................................................................... 95

    5-11 U.S. Geological Survey Wells and Recent Groundwater Elevation Change ................................. 99

    5-12 Hydrographs of Selected Wells ................................................................................................... 100

    5-13 Water Quality-Impaired Reaches ................................................................................................. 104

    5-14 Potential Sources of Contamination ............................................................................................. 114

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    6-1a De Baca County Water Demand, 2010 ........................................................................................ 140

    6-1b Lincoln County Water Demand, 2010 ......................................................................................... 141

    6-1c Chaves County Water Demand, 2010 .......................................................................................... 142

    6-1d Otero County Water Demand, 2010 ............................................................................................ 143

    6-1e Eddy County Water Demand, 2010 ............................................................................................. 144

    6-1f Total Regional Water Demand by Sector, 2010 .......................................................................... 145

    6-1g Total Regional Water Demand by County, 2010 ......................................................................... 146

    6-2 Groundwater Points of Diversion ................................................................................................ 147

    7-1 Available Supply and Projected Demand .................................................................................... 180

    List of Tables

    2-1 Steering Committee Members, Lower Pecos Valley Water Planning Region ................................. 9

    2-2 Lower Pecos Valley Region Public Meetings ................................................................................ 10

    3-1 Summary of Demographic and Economic Statistics for the Lower Pecos Valley Water Planning Region ............................................................................................................................. 14

    5-1 Lower Pecos Valley Climate Stations ............................................................................................ 54

    5-2 Temperature and Precipitation for Selected Climate Stations Lower Pecos Valley Water Planning Region ............................................................................................................................. 58

    5-3 Palmer Drought Severity Index Classifications ............................................................................ 65

    5-4a USGS Stream Gage Stations .......................................................................................................... 73

    5-4b USGS Stream Gage Annual Statistics for Stations with 10 or More Years of Record .................. 77

    5-5 USGS Stream Gage Average Monthly Streamflow for Stations with 10 or More Years of Record ............................................................................................................................................ 79

    5-6 Reservoirs and Lakes (greater than 5,000 acre-feet) in the Lower Pecos Valley Water Planning Region ............................................................................................................................. 89

    5-7 Dams with Dam Safety Deficiency Rankings ................................................................................ 90

    5-8 Total Maximum Daily Load Status of Streams in the Lower Pecos Valley Water Planning Region .......................................................................................................................................... 105

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    5-9 Municipal and Industrial NPDES Permittees in the Lower Pecos Valley Water Planning Region .......................................................................................................................................... 113

    5-10 Groundwater Discharge Permits in the Lower Pecos Valley Water Planning Region ................ 115

    5-11 Superfund Sites in the Lower Pecos Valley Water Planning Region ......................................... 121

    5-12 Leaking Underground Storage Tank Sites in the Lower Pecos Valley Water Planning Region . 122

    5-13 Landfills in the Lower Pecos Valley Water Planning Region .................................................... 133

    6-1 Total Withdrawals in the Lower Pecos Valley Water Planning Region in 2010 ......................... 139

    6-2 Comparison of Projected and Actual 2010 Population ................................................................ 156

    6-3 Lower Pecos Valley Population Projections July 1, 2010 to July 1, 2060 ................................... 157

    6-4 2010 Water Withdrawals for Drinking Water Supply Systems and Rural Self-Supplied Homes .......................................................................................................................................... 160

    6-5 Projected Water Demand, 2020 through 2060, Lower Pecos Valley Water Planning Region .... 172

    8-1 Implementation Status of Strategies Identified in Accepted Plan, Lower Pecos Valley Water Planning Region ........................................................................................................................... 182

    List of Appendices

    2-A Master Stakeholder List

    2-B Single Comment Document: Summary of Comments on Technical and Legal Sections

    6-A List of Individuals Interviewed

    6-B Projected Population Growth Rates, 2010 to 2040

    6-C Lower Pecos Valley Livestock Water Use

    8-A Recommended Projects, Programs, and Policies

    Note: Appendix designations indicate corresponding section in plan

  • Lower Pecos Valley Regional Water Plan 2016 vi

    List of Acronyms

    F degrees Fahrenheit

    ac-ft/yr acre-feet per year AMO Atlantic multidecadal oscillation AWRM Active Water Resource Management

    BBER Bureau of Business and Economic Research BLM Bureau of Land Management BO Biological Opinion

    CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFRP Collaborative Forest Restoration Program CID Carlsbad Irrigation District CWA Clean Water Act

    DBS&A Daniel B. Stephens & Associates, Inc. DWS Domestic Well Statute

    EIS environmental impact statement ENMU Eastern New Mexico University EPA U.S. Environmental Protection Agency ESA Endangered Species Act

    FEMA Federal Emergency Management Agency FLETC Federal Law Enforcement Training Center ft amsl feet above mean sea level FY fiscal year

    GIS geographic information system gpcd gallons per capita per day gpm gallons per minute GWQB Ground Water Quality Bureau [New Mexico Environment Department]

    ICIP Infrastructure Capital Improvement Plan in/yr inches per year IPCC Intergovernmental Panel on Climate Change

    MCL maximum contaminant level MCLG maximum contaminant level goal MDWCA mutual domestic water consumers association MSGP Multi-Sector General Permit

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    NASS National Agricultural Statistics Service NCDC National Climatic Data Center NEPA National Environmental Policy Act NMAC New Mexico Administrative Code NMBGMR New Mexico Bureau of Geology & Mineral Resources NMED New Mexico Environment Department NMG&F New Mexico Department of Game and Fish NMISC New Mexico Interstate Stream Commission NMOSE New Mexico Office of the State Engineer NMSA New Mexico Statutes Annotated NMSU New Mexico State University NMWQCC New Mexico Water Quality Control Commission NOAA National Oceanic and Atmospheric Administration NPDES National Pollutant Discharge Elimination System NPL National Priorities List NRCS Natural Resources Conservation Service NWS National Weather Service

    PCB polychlorinated biphenyl PDO Pacific decadal oscillation PDSI Palmer Drought Severity Index PPP project, program, and policy PSTB Petroleum Storage Tank Bureau (NMED) PVACD Pecos Valley Artesian Conservancy District PVWUO Pecos Valley Water Users Organization

    RWP regional water plan

    SDWA Safe Drinking Water Act SNOTEL snowpack telemetry SWCD soil and water conservation district

    TDS total dissolved solids TMDL total maximum daily load

    U.S. EPA U.S. Environmental Protection Agency UNM University of New Mexico USBR U.S. Bureau of Reclamation USDA U.S. Department of Agriculture USFS U.S. Forest Service USFWS U.S. Fish and Wildlife Service USGCRP U.S. Global Change Research Program

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    USGS U.S. Geological Survey UST underground storage tank UWB underground water basin

    WBP watershed based plan WQA Water Quality Act (New Mexico) WRCC Western Regional Climate Center WRRI Water Resources Research Institute WSD water and sanitation district WTB Water Trust Board WUA water users association WUI wildland-urban interface WWTP wastewater treatment plant

  • Lower Pecos Valley Regional Water Plan 2016 ES-1

    Executive Summary

    The Lower Pecos Valley Water Planning Region, which includes all of De Baca County and parts of Lincoln, Chaves, Otero, and Eddy counties (Figure ES-1), is one of 16 water planning regions in the State of New Mexico. Regional water planning was initiated in New Mexico in 1987, its primary purpose being to protect New Mexico water resources and to ensure that each region is prepared to meet future water demands. Between 1987 and 2008, each of the 16 planning regions, with funding and oversight from the New Mexico Interstate Stream Commission (NMISC), developed a plan to meet regional water needs over the ensuing 40 years. The Lower Pecos Valley Regional Water Plan was completed and accepted by the NMISC in 2001.

    The purpose of this document is to provide new and changed information related to water planning in the Lower Pecos Valley region and to evaluate projections of future water supply and demand for the region using a common technical approach applied to all 16 planning regions statewide. Accordingly, this regional water plan (RWP) update summarizes key information in the 2001 plan and provides updated information regarding changed conditions and additional data that have become available.

    Based on updated water use (Figure ES-2) data from 2010, Figure ES-3 illustrates the total projected regional water demand under high and low demand scenarios, and also shows the administrative water supply and the drought-adjusted water supply. The administrative water supply is based on 2010 withdrawals of water and is an estimate of future water supplies that considers both physical availability and compliance with water rights policies. Because of its reliance on surface water, the region has a high degree of vulnerability to prolonged drought, and the estimated shortage in drought years is expected to range from 94,000 to 166,000 acre-feet per year. The oil and gas industry has been growing in this region and produced water reuse is strongly supported as a strategy to deal with this gap.

    Figure ES-1. Lower Pecos Valley Water Planning Region

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    Figure ES-2. Total Regional Water Use, 2010 Note: Tribes and Pueblos in New Mexico are not required to provide water use data

    to the State. Therefore, tribal water use data are not necessarily reflected in this figure.

    Figure ES-3. Available Supply and Projected Demand Note: Tribes and Pueblos in New Mexico are not required to provide water use data to the State.

    Therefore, tribal water use data are not necessarily reflected in this figure.

    1% 0.3%0.4%

    85%

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    Commercial (self-supplied)

    Domestic (self-supplied)

    Industrial (self-supplied)

    Irrigated agriculture

    Livestock (self-supplied)

    Mining (self-supplied)

    Power (self-supplied)

    Public water supply

    Reservoir evaporation

    Total usage: 597,279 acre-feet

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    Administrativewater supply

    Severe drought-adjusted administrative water supply *

    * Based on the ratio of the minimum streamflow of record to the 2010 administrative water supply.

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    Planning Method

    For this RWP, water supply and demand information was assessed in accordance with a common technical approach, as identified in the Updated Regional Water Planning Handbook: Guidelines to Preparing Updates to New Mexico Regional Water Plans (where it is referred to as a common technical platform) (Handbook). This common technical approach outlines the basis for defining the available water supply and specifies methods for estimating future demand in all categories of water use:

    The method to estimate supply (referred to as the administrative water supply in the Handbook) is based on withdrawals of water as reported in the New Mexico Water Use by Categories 2010 report prepared by the New Mexico Office of the State Engineer (NMOSE). Use of the 2010 data provides a measure of supply that considers both physical supply and legal restrictions (i.e., the water is physically available for withdrawal, and its use is in compliance with water rights policies) and thus reflects the amount of water available for use by a region.

    An estimate of supply during future droughts is also developed by adjusting the 2010 withdrawal data based on physical supplies available during historical droughts.

    Projections of future demand in nine water use categories are based on demographic and economic trends and population projections. Consistent methods and assumptions for each category of water use are applied across all planning regions.

    Public Involvement

    The updated Handbook specifies that the RWP update process shall be guided by participation of a representative group of stakeholders, referred to as the steering committee. Steering committee members provided direction for the public involvement process and relayed information about the planning effort to the water user groups they represent and other concerned or interested individuals.

    In addition to the steering committee, the water planning effort included developing a master stakeholder list of organizations and individuals interested in the water planning update. This list was developed from the previous round of water planning and then expanded through efforts to

    Common Technical Approach

    To prepare both the regional water plans and the state water plan, the State has developed a set of methods for assessing the available supply and projected demand that can be used consistently in all 16 planning regions in New Mexico. The objective of applying this common technical approach is to be able to efficiently develop a statewide overview of the balance between supply and demand in both normal and drought conditions, so that the State can move forward with planning and funding water projects and programs that will address the States pressing water issues.

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    identify representatives from water user groups and other stakeholders. Organizations and individuals on the master stakeholder list were sent announcements of meetings and the RWP update process and progress.

    Over the two-year update process, nine meetings were held in the Lower Pecos Valley region. These meetings identified the program objectives, presented draft supply and demand calculations for discussion and to guide strategy development, and provided an opportunity for stakeholders to provide input on the strategies that they would like to see implemented. All steering committee meetings were open to the public and interested stakeholders, and participation from all meeting attendees was encouraged.

    Key Water Issues

    The key water supply updates and issues currently impacting the Lower Pecos Valley region include the following:

    The majority of the water use in the Pecos River Basin occurs in the lower basinthat is, from Sumner Dam to the lower end of the Carlsbad Irrigation District (CID) near the confluence of the Black and Pecos rivers. The principal constraint to use of this water is the 1948 Pecos River Compact. Over the past decade, New Mexico has made significant progress toward assuring long-term compliance with its obligations under the Compact. The New Mexico State Legislature, the NMOSE, the NMISC, and Pecos Basin water user groups continue to collaborate to address ongoing Compact and other Pecos Basin water management issues. Compact-related accomplishments include:

    Since the U.S. Supreme Court issued its amended decree in 1988, New Mexicos efforts, including a total taxpayer investment of more than $130 million, have resulted in continued Compact compliance.

    The Pecos Settlement Agreement was signed in 2003 and implemented in June 2009 after New Mexico had acquired water rights associated with about 4,500 acres of land in the CID and about 7,500 acres in the Roswell Artesian Underground Water Basin. Using these and other water rights, the State has constructed two well fields and pipelines designed to augment Pecos River flows according to the terms laid out in the Settlement.

    New Mexico has accumulated a Compact delivery credit of just over 100,000 acre-feet, providing some protection against a Compact delivery deficit.

    As a condition of the Pecos Settlement, the adjudication of CID water rights is nearly complete.

    Drought has significantly affected the region, with 2011, 2012, and 2013 being extraordinarily dry (until September 2013), resulting in record low flows in the Pecos

  • Lower Pecos Valley Regional Water Plan 2016 ES-5

    River. As a consequence, even with continuous augmentation pumping by the NMISC in much of 2011, 2012, and 2013, it was not possible to meet the minimum Carlsbad Project supply target above which CID cannot call for priority administration pursuant to the 2003 Pecos Settlement Agreement. CID demanded a priority call until September 2013, when storm flows relieved the water shortage.

    Continued compliance with the USFWSs 2006 Biological Opinion (BO) for the threatened Pecos bluntnose shiner is an ongoing challenge. The State of New Mexico, the Bureau of Reclamation, and Pecos Basin water user groups have collaborated to comply with the BO; however, acquisition of additional water rights is needed to ensure long-term Endangered Species Act compliance.

    Communities such as Ruidoso and Otis have historically experienced serious water supply problems during drought years. Continued drought planning is needed to design measures to ensure that essential water needs can be met.

    The net water supply impacts of physical watershed management techniques are not well documented or understood. In particular, quantification of the effectiveness of riparian vegetation removal, upland conifer thinning, and other water salvage methods needs further study to support well informed decisions.

    Water managers need to ensure continued compliance with the terms of the 2003 Pecos Settlement and the 1988 U.S. Supreme Court amended decree.

    Oil and gas development in the Capitan and Carlsbad basins raises concerns over potential impacts to the Pecos River and stress on the aquifers. Domestic, stock, and commercial wells permitted under 72-12-1.3 (underground public waters temporary use), along with new appropriations permitted under 72-12-3, are used to supply the oil and gas industry. With respect to wells permitted under 72-12-1.3, the NMOSE allows well owners to pump up to 9 acre-feet a year per well under three separate temporary commercial permits that are approved without advertising the change of use in the legal section of the newspaper. Well owners must reapply each year for these temporary permits.

    Strategies to Meet Future Water Demand

    An important focus of the RWP update process is to both identify strategies for meeting future water demand and support their implementation. To help address the implementation of new strategies, a review of the implementation of previous strategies was first completed.

    The 2001 Lower Pecos Valley Regional Water Plan recommended the following strategies for meeting future water demand:

  • Lower Pecos Valley Regional Water Plan 2016 ES-6

    Managed well field operations

    Desalination

    Interstate pipeline

    Import Salt Water Basin water

    Cloud seeding

    Reduce conveyance losses

    Agricultural water conservation

    Municipal water conservation

    Industrial water conservation

    Moving reservoir storage

    Construct additional reservoirs

    Reduce reservoir surface area

    Dewater McMillan Delta

    Riparian vegetation management

    Enhanced water market

    Enhanced administrative enforcement

    Compact compliance

    The steering committee reviewed each of the strategies and indicated that most are still relevant, though some are being refocused as new recommended strategies. The steering committee would prefer to see a balanced approach to water use before importation of water from other regions is considered.

    During the two-year update process the Lower Pecos Valley Steering Committee and stakeholders identified projects, programs, and policies (PPPs) to address their water issues. Some water projects were already identified through the State of New Mexico Infrastructure Capital Improvement Plan, Water Trust Board, Capital Outlay, and New Mexico Environment Department funding processes; these projects are also included in a comprehensive table of PPP needs. The information was not ranked or prioritized; it is an inclusive table of all of the PPPs that regional stakeholders are interested in pursuing. These new strategies include:

    Groundwater monitoring

    Watershed restoration and management

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    Funding for National Environmental Policy Act (NEPA) / Environmental Impact Statement (EIS) compliance

    Conservation funding

    Drought preparedness

    Produced water reuse

    Re-operate leaky reservoirs

    Increase recharge

    Aquifer storage and recovery

    Regional system collaboration

    Domestic Well Permits and Metering

    Incentives to Preserve Agricultural Water

    Protect New Mexico water

    Limit new uses

    Close the Basin

    At steering committee meetings held in 2015 and 2016, the group discussed strategies that would have a larger regional or sub-regional impact and for which there is interest in collaboration to seek funding and for implementation. The following key collaborative strategies were identified by the steering committee and Lower Pecos Valley region stakeholders:

    Managed Well Field Operations. Minimize well field impacts and explore alternatives.

    Agricultural Water Conservation. Increase efficiency and preserve agricultural rights.

    Municipal Water Conservation. Encourage water planning, infrastructure upgrades, and leak detection. Collaboration between small rural providers will allow pooling of resources and staff.

    Industrial Water Conservation. Produced water reuse is a key issue for this region and could potentially reduce water shortages. Greater measures need to be taken to make produced water reuse more feasible.

    Watershed Management. Management and protection of recharge areas is important.

    NEPA / EIS Support. Increase funding for NEPA or EIS analysis required for project implementation.

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    Increase Recharge. Several ideas are presented to increase recharge including easing restrictions on water quality used for aquifer storage and river discharge, re-operating leaky reservoirs as recharge points for aquifers, and better management of watersheds.

    Compact Compliance. Additional studies are needed to develop alternatives to meeting the Pecos River Compact. Are the impacts of the current strategies as anticipated, or have there been unintended consequences?

    The 2016 RWP characterizes supply and demand issues and identifies strategies to meet the projected gaps between water supply and demand. This plan should be added to, updated, and revised to reflect implementation of strategies, address changing conditions, and continue to inform water managers and other stakeholders of important water issues affecting the region.

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    1. Introduction

    The Pecos River Basin encompasses the entire Pecos River watershed within the boundaries of New Mexico. The Basin has upper and lower reaches that are distinct and are treated differently under the Pecos River Compact. The upper basin extends from the rivers headwaters area in the Sangre de Cristo Mountains to Sumner Dam. The lower basin extends from Sumner Dam to the Texas state line. The Sumner Dam (formerly Alamogordo Dam) is about 12 miles northwest of Fort Sumner, New Mexico.

    The Lower Pecos Valley Water Planning Region, which includes all of De Baca County and parts of Lincoln, Chaves, Otero, and Eddy counties (Figure 1-1), is one of 16 water planning regions in the State of New Mexico. The region roughly coincides with the Lower Pecos River Basin and is bounded on the north by Torrance and Guadalupe counties, on the east by Roosevelt and Lea counties, on the west by the watershed divide in Lincoln and Otero counties, and on the south by the New Mexico-Texas state line.

    Regional water planning was initiated in New Mexico in 1987, its primary purpose being to protect New Mexico water resources and to ensure that each region is prepared to meet future water demands. Between 1987 and 2008, each of the 16 planning regions, with funding and oversight from the New Mexico Interstate Stream Commission (NMISC), developed a plan to meet regional water needs over the ensuing 40 years.

    The Pecos Valley Water Users Organization (PVWUO) has been active in water planning in the region since the 1970s and has historical roots back to the 1880s. The Lower Pecos Valley Regional Water Plan was completed in July 2001 (PVWUO, 2001) and accepted by the NMISC on August 23, 2001.

    The purpose of this document is to provide new and changed information related to water planning in the Lower Pecos Valley region, as listed in the bullets below, and to evaluate projections of future water supply and demand for the region using a common technical approach applied to all 16 planning regions statewide. Accordingly, the following sections summarize key information in the 2001 plan and provide updated information regarding changed conditions and additional data that have become available. Specifically, this update:

    Identifies significant new research or data that provide a better understanding of current water supplies and demands in the Lower Pecos Valley region.

    Presents recent water use information and develops updated projections of future water demand using the common technical approach developed by the NMISC, in order to facilitate incorporation into the New Mexico State Water Plan.

    http://www.ose.state.nm.us/Planning/RWP/Regions/10_Lower%20Pecos/2001/pecos_vol1_exsum.pdfhttp://www.ose.state.nm.us/Planning/RWP/Regions/10_Lower%20Pecos/2001/pecos_vol1_exsum.pdf

  • CHAVESCHAVES

    Lower Pecos Valley

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    San Juan Basin

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    ColfaxTaos

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    Northwest New Mexico

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    Figure 1-1

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    LOWER PECOS VALLEYREGIONAL WATER PLAN 2016

    Location of Lower Pecos ValleyWater Planning Region

  • Lower Pecos Valley Regional Water Plan 2016 3

    Identifies strategies, including infrastructure projects, conservation programs, watershed management policies, or other types of strategies that will help to balance supplies and projected demands and address the Lower Pecos Valley regions future water management needs and goals.

    Discusses other goals or priorities as identified by stakeholders in the region.

    The water supply and demand information in this regional water plan (RWP) is based on current published studies and data and information supplied by water stakeholders in the region. Tribes and pueblos in New Mexico are not required to provide water use data to the State, and so tribal water use data are not necessarily reflected in this RWP update.

    The organization of this update follows the template provided in the Updated Regional Water Planning Handbook: Guidelines to Preparing Updates to New Mexico Regional Water Plans (NMISC, 2013) (referred to herein as the Handbook):

    Information regarding the public involvement process followed during development of this RWP update and entities involved in the planning process is provided in Section 2.

    Section 3 provides background information regarding the characteristics of the Lower Pecos Valley planning region, including an overview of updated population and economic data.

    The legal framework and constraints that affect the availability of water are briefly summarized in Section 4, with recent developments and any new issues discussed in more detail.

    The physical availability of surface water and groundwater and water quality constraints was discussed in detail in the 2001 RWP; key information from that plan is summarized in Section 5, with new information that has become available since 2001 incorporated as applicable. In addition, Section 5 presents updated monitoring data for temperature, precipitation, drought indices, streamflow, groundwater levels, and water quality, and an estimate of the administrative water supply including an estimate of drought supply.

    The information regarding historical water demand in the planning region, projected population and economic growth, and projected future water demand was discussed in detail in the 2001 RWP. Section 6 provides updated population and water use data, which are then used to develop updated projections of future water demand.

    Based on the current water supply and demand information discussed in Sections 5 and 6, Section 7 updates the projected gap between supply and demand of the planning region.

    Section 8 outlines new strategies (water programs, projects, or policies) identified by the region as part of this update, including additional water conservation measures.

  • Lower Pecos Valley Regional Water Plan 2016 4

    Water supply and demand information (Sections 5 through 7) are assessed in accordance with a common technical approach, as identified in the Handbook (NMISC, 2013) (where it is referred to as a common technical platform). This common technical approach is a simple methodology that can be used consistently across all regions to assess supply and demand, with the objective of efficiently developing a statewide overview of the balance between supply and demand for planning purposes.

    Four terms frequently used when discussing water throughout this plan have specific definitions related to this RWP:

    Water use is water withdrawn from a surface or groundwater source for a specific use. In New Mexico water is accounted for as one of the nine categories of use in the New Mexico Water Use by Categories 2010 report prepared by the New Mexico Office of the State Engineer (NMOSE).

    Water withdrawal is water diverted or removed from a surface or groundwater source for use.

    Administrative water supply is based on the amount of water withdrawals in 2010 as outlined in the New Mexico Water Use by Categories 2010 report.

    Water demand is the amount of water needed at a specified time.

    2. Public Involvement in the Planning Process

    During the past two years, the regional water planning steering committees, interested stakeholders, NMISC, and consultants to the NMISC have worked together to develop regional water plan updates. The purpose of this section is to describe public involvement activities

    Common Technical Approach

    To prepare both the regional water plans and the state water plan, the State has developed a set of methods for assessing the available supply and projected demand that can be used consistently in all 16 planning regions in New Mexico. This common technical approach outlines the basis for defining the available water supply and specifies methods for estimating future demand in all categories of water use:

    The method to estimate the available supply (referred to as the administrative water supply in the Handbook) is based on withdrawals of water as reported in the NMOSE Water Use by Categories 2010 report,* which provide a measure of supply that considers both physical supply and legal restrictions (i.e., the diversion is physically available for withdrawal, and its use is in compliance with water rights policies) and thus reflects the amount of water available for use by a region. An estimate of supply during future droughts is also developed by adjusting the 2010 withdrawal data based on physical supplies available during historical droughts.

    Projections of future demands in nine categories of water use are based on demographic and economic trends and population projections. Consistent methods and assumptions for each category of water use are applied across all planning regions.

    The objective of applying this common technical approach is to be able to efficiently develop a statewide overview of the balance between supply and demand in both normal and drought conditions, so that the State can move forward with planning and funding water projects and programs that will address the States pressing water issues.

    * Tribes and Pueblos in New Mexico are not required to provide water use data to the State. Therefore, tribal water use data are not necessarily reflected in this plan.

  • Lower Pecos Valley Regional Water Plan 2016 5

    during the regional water plan update process, guided by the Handbook, which outlined a public involvement process that allowed for broad general public participation combined with leadership from key water user groups.

    2.1 The New Mexico Interstate Stream Commissions Role in Public Involvement in the Regional Water Plan Update Process

    The NMISC participated in the public involvement process through a team of contractors and NMISC staff that assisted the regions in conducting public outreach. The NMISCs role in this process consisted of certain key elements:

    Setting up and facilitating meetings to carry out the regional water plan update process.

    Working with local representatives to encourage broad public involvement and participation in the planning process.

    Working to re-establish steering committees in regions that no longer had active steering committees.

    Supporting the steering committees once they were established.

    Facilitating input from the stakeholders and steering committees in the form of compiling comments to the technical sections drafted by the State and developing draft lists of projects, programs, and policies (PPPs) based on meeting input, with an emphasis on projects that could be implemented.

    Finalizing Section 8, Implementation of Strategies to Meet Future Water Demand, by writing a narrative that describes the key collaborative strategies based on steering committee direction.

    This approach represents a change in the States role from the initial round of regional water planning, beginning in the1990s through 2008, when the original regional water plans were developed. During that phase of planning, the NMISC granted regions funding to form their own regional steering committees and hire consultants to write the regional water plans, but NMISC staff were not directly involved in the process. Over time and due to lack of resources, many of the regional steering committees established for the purpose of developing a regions water plan disbanded. Funding for regional planning decreased significantly, and regions were not meeting to keep their plans current.

    In accordance with the updated Handbook (NMISC, 2013), the NMISC re-established the regional planning effort in 2014 by working with existing local and regional stakeholders and organizations, such as regional councils of government, water providers, water user organizations, and elected officials. The NMISC initiated the process by hosting and facilitating

  • Lower Pecos Valley Regional Water Plan 2016 6

    meetings in all 16 regions between February and August of 2014. During these first months, and through its team of consultants working with contacts in the regions, the NMISC prepared master stakeholder lists, comprised of water providers and managers, local government representatives, and members of the public with a general interest in water, and assisted in developing updated steering committees based on criteria from the Handbook and recommendations from the stakeholders. (The steering committee and master stakeholder lists for the Lower Pecos Valley region are provided in Section 2.2.1 and Appendix 2-A, respectively.) These individuals were identified through research, communication with other water user group representatives in the region, contacting local organizations and entities, and making phone calls. Steering committee members represent the different water users groups identified in the Handbook and have water management expertise and responsibilities.

    The steering committee was tasked with four main responsibilities:

    Provide input to the water user groups they represent and ensure that other concerned or interested individuals receive information about the water planning process and meetings.

    Provide direction on the public involvement process, including setting meeting times and locations and promoting outreach.

    Identify water-related PPPs needed to address water management challenges in the region and future water needs.

    Comment on the draft Lower Pecos Valley Regional Water Plan 2016, as well as gather public comments. (Appendix 2-B includes a compilation of comments on the technical and legal sections of the document that were prepared by NMISC [Sections 1, 3, 4, 5, 6, and 7].)

    In 2016, the NMISC continued to support regional steering committees by facilitating three additional steering committee meetings open to the public in each of the 16 regions. The purpose of these meetings was to provide the regions with their draft technical sections that the NMISC had developed and for the regions to further refine their strategies for meeting future water challenges.

    Throughout the regional water planning process all meetings were open to the public. Members of the public who have an interest in water were invited directly or indirectly through a steering committee representative to participate in the regional water planning process

    Section 2.2 provides additional detail regarding the public involvement process for the Lower Pecos Valley 2016 regional water plan.

  • Lower Pecos Valley Regional Water Plan 2016 7

    2.2 Public Involvement in the Lower Pecos Valley Planning Process

    This section documents the steering committee and public involvement process used in updating the plan and documenting ideas generated by the region for future public involvement in the implementation of the plan.

    2.2.1 Identification of Regional Steering Committee Members and Stakeholders

    The Handbook (NMISC, 2013) specifies that the steering committee membership include representatives from multiple water user groups. Some of the categories may not be applicable to a specific region, and the regions could add other categories as appropriate to their specific region. The steering committee representation listed in the Handbook includes:

    Agricultural surface water user

    Agricultural groundwater user

    Municipal government

    Rural water provider

    Extractive industry

    Environmental interest

    County government

    Local (retail) business

    Tribal entity

    Watershed interest

    Federal agency

    Other groups as identified by the steering committee

    The PVWUO was formed under a joint powers agreement and participated in the development of the 2001 RWP. The PVWUO is a well-established organization with some roots going back as far as the 1800s. This organization worked on the 2001 regional plan by collecting a wide variety of data sources, historical studies, and the best currently available data to help guide the regional objectives. The PVWUO has limited funds and no legislative authority, and therefore it does not fund, supervise, or carry out projects. While other organizations in the state disbanded after the last round of regional planning, this organization saw the value in having a non-legal, non-binding forum for communication and free exchange of ideas, needs and assistance. They continued to meet at least annually, but more often quarterly until the current planning process began.

  • Lower Pecos Valley Regional Water Plan 2016 8

    The current steering committee includes many PVWUO members, as well as several new members, including a State representative, several municipal providers, and tribal interests. These individuals are generally knowledgeable about water issues in the region and are involved with many of the PPPs related to water management in the region. The list also includes non-profit groups who are involved in local water-related initiatives. The steering committee identified Woods Houghton as the Chair. Other steering committee members were recruited through recommendations and outreach to specific interests such as tribal entities. Through this outreach, the Lower Pecos Valley region established a representative steering committee, the members of which are listed in Table 2-1.

    2.2.2 Regional Water Plan Update Meetings

    All steering committee meetings and NMISC-facilitated water planning meetings were open to the public and interested stakeholders. Meetings were announced to the master stakeholder list by e-mail, and participation from all meeting attendees was encouraged. Steering committee members served as a conduit of information to others and, through their own organizational communications with other agencies, encouraged participation in the process. Steering committee members were also asked to share information about the process with other stakeholders in the region. Generally, steering committee members ensured that other concerned or interested individuals received the announcements and recommended key contacts to add to the master stakeholder list throughout the planning process.

    The steering committee discussed and made the following recommendations regarding meeting times and locations that would maximize public involvement in the future:

    Host a web meeting where county extension offices and city, county and federal offices could arrange for public participation. New Mexico State University can host up to 100 computers logging in for a webinar.

    Artesia is the preferred location for physical meetings, but Roswell or Carlsbad are also options.

    Eddy County Fairgrounds, Eastern New Mexico University, and New Mexico State University are possible meeting places.

    Meetings are currently scheduled for Friday mornings; however, weekends or evenings would be needed for large public meetings.

    Steering committee members will continue to assist with outreach. Steering committee members will help identify communities not currently represented at the meetings (such as Mayhill).

    Over the two-year update process, nine NMISC-facilitated meetings and at least five steering committee working meetings were held in the Lower Pecos Valley region. A summary of each of the meetings is provided in Table 2-2.

  • Lower Pecos Valley Regional Water Plan 2016 9

    Table 2-1. Steering Committee Members, Lower Pecos Valley Water Planning Region

    Water User Group Name Organization / Representation Agricultural groundwater user

    Dick Smith Aron Balok

    PVACD

    Cheryl Griffith Janet Cox

    Ranching community

    Dan Lathrop Hagerman Irrigation District

    Agricultural surface Dale Ballard Carlsbad Irrigation District water user Lex Klein Hope Community Ditch

    Wade Holdeman Fort Sumner Irrigation District

    County government James Walterscheid Eddy County Commissioner

    Lewis Derrick Former Eddy County Commissioner

    Jackie Powell Former Lincoln County Commissioner

    Morgan Nelson Chaves County Flood Commission

    Aspen Achen De Baca County Commission

    Environmental interest Ellen Wedum Ms. Wedum participated in 2015, prior to moving

    Extractive industry Holly Energy or Yate Petroleum (desired)

    Federal agency Pete Haraden Hydrologist with Lincoln National Forest (U.S. Forest Service)

    State agency Jim Townsend New Mexico State Representative

    Lewis Land New Mexico Bureau of Geology and Mineral Resources National Cave and Karst Research Institute

    Local (retail) business

    Soil and Water Conservation District

    Woods Houghton Eddy County Agricultural Extension Agent for NMSU

    Municipal government Terry Hill Byron Landfair

    City of Artesia

    Debi Lee Ron Sena Eric Boyda

    Village of Ruidoso

    Jean Coulton Village of Capitan

    Steve Croskey Wesley Hooper

    Eddy County Planner

    Other groups as identified by the steering committee

    Stephanie Bosen Kristi Bonnell

    Upper Hondo SWCD

    Rural water provider

    Tribal (Mescalero Apache Tribe)

    Thora Padilla Director of Resource Management & Protection Division

    Watershed interest

  • Table 2-2. Lower Pecos Valley Region Public Meetings Page 1 of 3

    Lower Pecos Valley Regional Water Plan 2016

    Date Location Purpose Meeting Summary

    FY 2014 05/09/2014 Artesia, NM NMISC-facilitated kickoff meeting to

    present the regional water planning update process to the region and continue to conduct outreach to begin building the steering committee.

    Representatives from many of the water user groups attended the meeting and were instrumental in identifying other individuals as potential representatives for a particular group. Many of the meeting attendees were not on the master stakeholder list, and those individuals were added to the list.

    FY 2015 02/13/2015

    Eddy County Fairgrounds Artesia, NM

    NMISC-facilitated meeting to present the technical data compiled and synthesized for the region.

    Data presented included population and economic trends through a series of tables, the administrative water supply, the projected future water demand, and the gap between supply and demand for both normal and drought years. In addition, the presentation reaffirmed the development of a steering committee to guide the process as outlined in the Handbook.

    03/13/2015

    Eddy County Fairgrounds Artesia, NM

    NMISC-facilitated steering committee meeting to review the update process and the timeline for completing the regional water plan (RWP) update. Set up meeting times and locations for future meetings.

    The group reviewed the update process, which was important for new people who had not attended meetings before, and the timeline for updating the RWP. The steering committee/PVWUO membership and leadership were affirmed, with alternates named as appropriate. The group further discussed where future meetings would be held and the time that worked the best for getting the most attendance. The majority, including the members from Ruidoso and Hondo, preferred meeting in Artesia (Roswell and Carlsbad were discussed). The meetings will occur the second Friday of each month, at 10:00 a.m. At this meeting, the group also reviewed strategies outlined in the 2001 plan. A date was set for the next meeting and a summary of the discussion was sent to the master stakeholder list with information about the next meetingincluding agenda items and location, date, and timeand next steps.

    10

  • Table 2-2. Lower Pecos Valley Region Public Meetings Page 2 of 3

    Lower Pecos Valley Regional Water Plan 2016

    Date Location Purpose Meeting Summary

    04/10/2015 Eddy County Fairgrounds Artesia, NM

    Steering committee meeting to learn from committee members about the status of ongoing projects in the area.

    The group discussed concerns with the data provided in the Round 2 meeting and possible policies to help address these issues. A representative of the New Mexico Water Resources Research Institute (WRRI), Mr. Saddie, presented current research on produced water. The group further discussed potential collaborative projects such as local and state water policy recommendations, monitoring/data collection, drought contingency planning, municipal conservation and reuse, and water quality protection.

    5/22/2015 Agricultural Science Center Artesia, NM

    NMISC-facilitated meeting to develop project ideas for the PPP table and community outreach ideas for Section 2.

    The group discussed elements that would be included in the public involvement chapter and ideas for FY 2015-2016 outreach. A potential list of Infrastructure and Capital Improvement (ICIP) and Water Trust Board (WTB) projects was reviewed and discussed. The group participated in a brainstorming activity that helped to identify regional projects that held the potential for the greatest collaboration and effort.

    06/05/2015 Agricultural Science Center Artesia, NM

    Steering Committee meeting to review programs and policies for the PPP table and Section 8.

    This was an informal meeting/workshop to discuss the possibility of prioritizing projects on the PPP table. Many PPPs were discussed, but no motions were made or passed.

    06/12/2015 Eddy County Fairgrounds Artesia, NM

    NMISC-facilitated meeting to review Drafts of Section 2 and the PPP table.

    The table of PPPs was reviewed at this final NMISC-facilitated meeting for /FY 2015.

    FY 2016 08/14/2015 Agricultural Science

    Center, Artesia, NM Steering committee meeting to review programs and policies for the PPP table and Section 8.

    Refinement of the PPP table was discussed with several new programs and goals voted upon.

    11

  • Table 2-2. Lower Pecos Valley Region Public Meetings Page 3 of 3

    Lower Pecos Valley Regional Water Plan 2016

    Date Location Purpose Meeting Summary

    02/26/2016 Eddy County Fairgrounds Artesia, NM

    NMISC-facilitated meeting to review the update process and timeline for completion. Review steering committee makeup.

    Discussed that the draft plan had been e-mailed to the Lower Pecos distribution list in January 2016. The consultants affirmed the next steps for the RWP update effort and the timeline for meetings. The group reviewed the steering committee membership and discussed additional members to fill vacancies and decided that steering committee leadership would continue as is for now.

    03/11/2016 Agricultural Science Center, Artesia, NM

    Steering committee meeting to review programs and policies for the PPP table and Section 8.

    Several new programs and policies were discussed for inclusion in the PPP table. Corrections to the June 2015 draft were also discussed. The steering committee does not specifically endorse projects from the ICIP or WTB database.

    04/08/2016 Eddy County Fairgrounds Artesia, NM

    NMISC-facilitated meeting to discuss how comments would be documented and review the PPP table.

    Plans for distribution of the draft plan and public announcements were finalized. Review of the PPP table and corrections to the table were made. Regional priorities and recommendations for the state plan were discussed.

    05/13/2016 Agricultural Science Center Artesia, NM

    Steering committee meeting to review comments.

    The steering committee reviewed comments collected on the draft RWP.

    05/20/2016 Eddy County Fairgrounds Artesia, NM

    NMISC-facilitated meeting to review the Public Involvement section (2) and the Section 8 key strategies and projects, programs and policies list.

    The steering committee reviewed the draft Section 8, Section 2, and PPP tables. The discussion centered on finalizing the PPP tables, and a further meeting was scheduled to finish the review process.

    06/10/2016 Eddy County Fairgrounds Artesia, NM

    NMISC-facilitated meeting to finish review of Section 2 and Section 8.

    The steering committee finished reviewing the draft material, focusing on Sections 2 and 8 at this meeting. A resolution on the planning process limitations was also created by the committee.

    12

  • Lower Pecos Valley Regional Water Plan 2016 13

    2.2.3 Current and Future Ideas for Public Outreach during Implementation of the Regional Water Plan Update

    The public involvement process was centered on developing a representative steering committee, informing the regions about the process for updating the RWPs, and revitalizing interest in regional water planning. In addition to the stakeholder outreach described above, the steering committee solicited public input on the draft plan in several formats. A news release was made to local media regarding the plan, a Facebook page was created that provided links to the plan and shared regional water topics, and an E-blog was distributed to a growing e-mail list. These efforts resulted in a few public comments, which are included in the review and comment process.

    3. Description of the Planning Region

    This section provides a general overview of the Lower Pecos Valley Water Planning Region. Detailed information, including maps illustrating the land use and general features of the region, was provided in the 2001 RWP; that information is briefly summarized and updated as appropriate here. Additional detail on the climate, water resources, and demographics of the region is provided in Sections 5 and 6.

    3.1 General Description of the Planning Region

    The Lower Pecos Valley Water Planning Region is located in southeastern New Mexico. The region is bounded on the north by Torrance, Guadalupe, and Quay counties, on the west by the watershed divide in Lincoln and Otero counties, on the south by the state line separating New Mexico and Texas, and on the east by Lea and Roosevelt counties (Figure 1-1). In 2010, the population of the Lower Pecos Valley Planning Region was about 144,000 (Table 3-1a). The major population centers in the region are Roswell, Artesia, and Carlsbad.

    The Lower Pecos River Basin encompasses about 15,150 square miles between Sumner Dam and the Texas state line. Almost all of De Baca, Chaves, and Eddy counties, significant parts of Lincoln and Otero counties, and minor parts of several other counties fall within the basin. The northern and eastern boundaries of the planning region (Figure 3-1) vary slightly from the river basin boundaries, but the vast majority of the planning region population is located within the river basin.

  • Table 3-1. Summary of Demographic and Economic Statistics for the Lower Pecos Valley Water Planning Region Page 1 of 2

    Lower Pecos Valley Regional Water Plan 2016 14

    a. Population

    County 2000 Total 2010

    2013 Total Within Region a

    DeBaca 2,240 2,022 2,022 1,907 Lincoln 19,411 20,497 18,941 20,105 Chaves 61,382 65,645 65,614 65,823 Otero 62,298 63,797 3,372 65,616 Eddy 51,658 53,829 53,816 55,471

    Total Region 196,989 205,790 143,796 208,922

    Source: U.S. Census Bureau, 2014a, unless otherwise noted. a U.S. Census Bureau, 2010

    b. Income and Employment

    2008-2012 Income a Labor Force Annual Average 2013 b

    County Per Capita

    ($) Percentage of State Average

    Number of Workers

    Number Employed

    Unemployment Rate (%)

    DeBaca 19,357 82 809 772 4.6 Lincoln* 24,960 105 10,130 9.564 5.6 Chaves 19,433 82 25,786 24,112 6.5 Otero NA NA NA NA NA Eddy 27,092 114 30,883 29,631 4.1 a U.S. Census Bureau, 2014c, American Community Survey 5-Year Estimate b NM Department of Workforce Solutions, 2014

    c. Business Environment

    County Industry Number

    Employed Number of Businesses

    2008-2012 a 2012 b

    DeBaca Education/Healthcare Agriculture, forestry, mining Construction

    229 154 58

    47

    Lincoln* Arts, entertainment, recreation, accommodations Education/healthcare Retail trade Construction

    1,983 1,640 1,124 753

    707

  • Table 3-1. Summary of Demographic and Economic Statistics for the Lower Pecos Valley Water Planning Region Page 2 of 2

    c. Business Environment (continued)

    Lower Pecos Valley Regional Water Plan 2016 15

    County Industry Number

    Employed Number of Businesses

    Chaves Education/Healthcare Retail trade Arts, entertainment, recreation, accommodations Agriculture, forestry, mining

    7,301 3,198 2,712 2,540

    1,433

    Otero NA NA NA Eddy Education/Healthcare

    Agriculture, forestry, mining Arts, entertainment, recreation, accommodations Retail trade

    5,115 4,352 2,214 2,048

    1,306

    a U.S. Census Bureau, 2014b

    d. Agriculture

    Farms / Ranches a Acreage Most Valuable

    Agricultural Commodities b County Number Total Average DeBaca 203 1,068067 5,261 Cattle, calves

    Other crops, hay Lincoln* 362 1,553,184 4,291 Cattle, calves

    Sheep, goats, wool Chaves 595 2,482,827 4,173 Milk from cows

    Cattle and calves Other crops, hay

    Otero NA NA NA NA Eddy 551 1,141,956 2,073 Milk from cows

    Other crops, hay Cattle and calves

    a USDA NASS, 2014, Table 1 b USDA NASS, 2014, Table 2

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    LOWER PECOS VALLEYREGIONAL WATER PLAN 2016

    ExplanationStream (dashedwhere intermittent)LakeCityCountyWater planning region

    Elevation (ft msl)< 4,0004,000 - 6,0006,000 - 8,0008,000 - 10,000>10,000

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    Source:Tribal boundaries from U.S. Census Bureau, 2015.

  • Lower Pecos Valley Regional Water Plan 2016 17

    The total area of the planning region is approximately 17,133 square miles, distributed among the five counties as follows:

    De Baca: 2,332

    Lincoln: 3,499

    Chaves: 5,941

    Otero: 1,190

    Eddy: 4,171

    The Lower Pecos Valley regions terrain is diverse, with elevations ranging from about 12,000 feet above mean sea level (ft amsl) at Sierra Blanca Peak near Ruidoso to about 2,840 ft amsl at the Pecos River where it crosses the New Mexico-Texas border near Red Bluff. The western portion contains steep forested mountains, and the southern and eastern areas support desert shrubs and desert grasslands. The northern and central portions of the planning area are covered with rolling hills and high plains grasslands. This diverse terrain supports large populations of wildlife and non-game species and both warm-water and cold-water fisheries.

    The planning area has an abundance of mineral resources. The southeastern part of the planning area is home to one of the largest potash mining industries in the United States. Gold and silver have been mined in the western areas, and oil and gas production is a major industry in the region.

    3.2 Climate

    The climate throughout the planning area is as varied as the landscape.

    The mountainous areas have a short growing season with mild days and cool nights. The mountains usually acquire snow cover during the winter months with temperatures averaging 35 degrees Fahrenheit (F) and average summer temperatures are 65F.

    The southern desert areas are characterized by growing seasons that sometimes exceed 200 days with hot, dry days and warm nights. Although winters in these desert areas are generally mild, average winter temperatures are about 45F and average summer temperatures are 80F.

    The plains area experiences a slightly shorter growing season and temperatures typically 5 to 15 degrees cooler.

    Average annual precipitation varies orographically; the lowest areas near the state line receive about 10 to 12 inches and the highest elevation areas in the Sacramento Mountains receive more than 40 inches per year (in/yr). The annual precipitation also varies significantly from year to

  • Lower Pecos Valley Regional Water Plan 2016 18

    year, which not only impacts runoff and recharge but also has a significant impact on the irrigation water demand. In 2003, Roswell received only about 3 inches of rain, and annual groundwater pumping was 372,700 acre-feet, whereas in 2010, the annual precipitation exceeded 15 inches and groundwater pumping totaled 309,000 acre-feet in the Roswell Basin. The years 2011 and 2012 were the hottest and driest 24 months in the 117-year record, resulting in record low streamflows and high pumping demands (approximately 380,000 acre-feet).

    3.3 Major Surface Water and Groundwater Sources

    The Pecos Valley has always been a region limited by available water. Water users in the planning area rely on supplies from both surface water and groundwater sources, but the Pecos River tributaries in the basin (Figure 3-1) provide limited and variable flow. Potential demands have always exceeded supply, and the requirements of the Pecos River Compact to deliver specified amounts of surface water to Texas exacerbate the regions water supply issues. Groundwater supplies currently satisfy the majority of water demands in the planning area.

    The region falls in the lower portion of the Pecos River drainage basin in New Mexico. Surface water is diverted directly from the Pecos River and its major tributaries, such as the Rio Hondo, Rio Ruidoso, Rio Peasco, Black River, and Rio Bonito, and in some cases the diverted water is stored in reservoirs both outside and within the planning area. Ponds on intermittent streams are a water source for both livestock and wildlife. Supplies of the Pecos River Basin are shared with the Estancia Basin and Mora-San Miguel-Guadalupe planning regions, as well as the State of Texas.

    Groundwater is pumped from geological formations that yield from 5,000 to less than 1 gallon of water per minute (gpm). There are six administratively (OSE) declared underground water basins (UWBs) in the planning area: Fort Sumner, Roswell, Hondo, Peasco, Capitan, and Carlsbad. (A declared UWB is an area of the state proclaimed by the State Engineer to be underlain by a groundwater source having reasonably ascertainable boundaries. By such proclamation the State Engineer assumes jurisdiction over the appropriation and use of groundwater from the source.) The Roswell UWB is the largest developed groundwater resource in the region, providing flowing and non-flowing wells.

    These UWBs are shared with the following water planning regions:

    Northeast New Mexico (Fort Sumner, Roswell)

    Estancia (Lower Pecos Valley, Fort Sumner)

    Lea County (Capitan, Carlsbad)

    Very small portions of the Causey Lingo and Lea County UWBs also extend into the Lower Pecos Valley region, but these basins do not supply any significant quantities of water to the

  • Lower Pecos Valley Regional Water Plan 2016 19

    region. Detailed discussions of the characteristics of each UWB are provided in the 2001 RWP. A map showing the UWBs in the region is provided in Section 4.1.2.2.

    Additional information on administrative basins and surface and groundwater resources of the region is included in Section 4 and Sections 5.2 and 5.3, respectively.

    3.4 Demographics, Economic Overview, and Land Use

    The Lower Pecos Valley Water Planning Region includes all of De Baca County, most of Chaves County (except for 31 persons), most of Eddy County (except for 13 persons), the majority of Lincoln County (except for 1,556 persons in 2010), and a small geographic section of Otero County that was home to 3,372 people in 2010 (U.S. Census Bureau, 2010). The 2013 population of De Baca County was 1,907 (U.S. Census Bureau, 2014a), a 5.7 percent decrease from the 2010 population (Table 3-1a). The 2013 population for all of Chaves County was 65,823, an increase of 0.3 percent from 2010. The 2013 population for all of Eddy County was 55,471, an increase of 3.1 percent over 2010. The 2013 population for all of Lincoln County was 20,105, a decrease of 1.9 percent from 2010.

    The largest employment categories in De Baca County are education/healthcare and agriculture/mining. Both are considered basic industries (those that bring outside dollars into the local economy). Chaves County has a more diverse economy. The education and healthcare category is by far the largest employer, followed by retail trade; arts, entertainment, accommodation and food service; and agriculture. Eddy County is highly dependent on mining, its one basic export industry. Industries employing the most people are education and healthcare; retail trade; arts, entertainment, accommodation and food service; mining; and agriculture. In Lincoln County, the arts, entertainment, accommodation and food service category is the largest employer and the largest basic industry, reflecting Lincoln County's reliance on tourism; the next largest employers are education and healthcare and retail trade.

    Land in the Lower Pecos Valley water planning region is owned by various federal, tribal, state, and private entities, as illustrated on Figure 3-2 and outlined below:

    Federal agencies: 6,103 square miles

    Tribes: 489 square miles

    State agencies: 2,586 square miles

    Private entities: 7,955 square miles

    Current statistics on the economy and land use in each county, compiled from the U.S. Census Bureau and the New Mexico Department of Workforce Solutions, are summarized in Table 3-1. Additional detail on demographics and economics within the region is provided in Section 6.

  • Lake Sumner

    Roswell

    Carlsbad

    Ruidoso

    Artesia

    Capitan

    Hope

    Loving

    Fort Sumner

    Hagerman

    Dexter

    LakeArthur

    285

    70

    380

    60

    82

    244

    62

    54

    70Red Lake

    Red BluffReservoir

    Lake AvalonBrantley Lake

    Lake Sumner

    Eagle Creek

    Black Ri ver

    Rio Felix

    Rio Hondo

    Rio Bonito

    Bluewater Creek

    Rio Ru

    idoso

    Yeso Creek

    Rio Penasco

    Salt C reek

    Hay Hollow

    Peco

    s R

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    Carrizo C reek

    Salado Creek

    Taiba

    n Creek

    Eddy

    Chaves

    Chaves

    De BacaDe BacaLincoln

    LincolnOtero

    Chaves

    MescaleroReservation

    Lake Sumner

    Roswell

    Carlsbad

    Ruidoso

    Artesia

    Capitan

    Hope

    Loving

    Fort Sumner

    Hagerman

    Dexter

    LakeArthur

    285

    70

    380

    60

    82

    244

    62

    54

    70Red Lake

    Red BluffReservoir

    Lake AvalonBrantley Lake

    Lake Sumner

    Eagle Creek

    Black Ri ver

    Rio Felix

    Rio Hondo

    Rio Bonito

    Bluewater Creek

    Rio Ru

    idoso

    Yeso Creek

    Rio Penasco

    Salt C reek

    Hay Hollow

    Peco

    s R

    iver

    Carrizo C reek

    Salado Creek

    Taiba

    n Creek

    Eddy

    Chaves

    Chaves

    De BacaDe BacaLincoln

    LincolnOtero

    Chaves

    MescaleroReservation

    LOWER PECOS VALLEYREGIONAL WATER PLAN 2016

    ExplanationStream (dashedwhere intermittent)LakeCityCountyWater planning region

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    Land OwnershipFigure 3-2

    Source: BLM, 2016 and U.S. Census Bureau, 2015

    Land surface ownershipBureau of LandManagementBureau ofReclamationDepartment ofDefenseDepartment of Energy

    National ForestServiceFish and WildlifeServiceNational Park ServiceOther federal agency

    PrivateStateState Game and FishState ParkTribal

  • Lower Pecos Valley Regional Water Plan 2016 21

    4. Legal Issues

    4.1 Relevant Water Law

    4.1.1 State of New Mexico Law

    Since the accepted regional water plan for the Lower Pecos Valley Water Planning Region was published in 2001, there have been significant changes in New Mexico water law through case law, statutes, and regulations. These changes address statewide issues including, but not limited to, domestic well permitting, the State Engineers authority to regulate water rights, administrative and legal review of water rights matters, use of settlements to allocate water resources, the rights appurtenant to a water right, and acequia water rights. New law has also been enacted to address water project financing and establish a new strategic water reserve. These general state law changes are addressed by topic area below. State law more specific to the Lower Pecos Valley region is discussed in Section 4.1.2.

    4.1.1.1 Purchase of Water Rights to Ensure Compliance with the Pecos River Compact In 2002, the New Mexico Legislature authorized expenditure of $30 million dollars on Pecos Basin water rights acquisition provided that the terms of NMSA 1978, Section 72-1-2.4 (2002) were met. According to the statute, the NMISC was tasked with purchase of land with associated water rights to augment the flows of the Pecos River in order to ensure compliance with the Pecos River Compact and the U.S. Supreme Court amended decree in Texas v. New Mexico, No. 65 original. The statute required that a settlement agreement be entered into between the State, the Carlsbad Irrigation District (CID), the Pecos Valley Artesian Conservancy District (PVACD), and the Fort Sumner Irrigation District prior to the acquisition of the property. The water rights and land purchases are central to the settlement agreement and to future compliance with the Pecos River Compact.

    Subsequently, in 2008, the Legislature enacted NMSA 1978, 72-1-2.6 (2008) allowing the NMISC to sell back the land while retaining the water rights and purchase additional water rights without also having to buy the associated land. A fund was also established to help the NMISC manage the land purchases. NMSA 1978, 72-1-2.5 (2008).

    4.1.1.2 Regulatory Powers of the NMOSE Several cases have addressed the regulatory powers of the NMOSE. In 2003, the New Mexico Legislature enacted NMSA 1978, 72-2-9.1, relating to the administration of water rights by priority date. The legislature recognized that the adjudication process is slow, the need for water administration is urgent, compliance with interstate compacts is imperative and the state engineer has authority to administer water allocations in accordance with the water right priorities recorded with or declared or otherwise available to the state engineer. Section 72-2-

  • Lower Pecos Valley Regional Water Plan 2016 22

    9.1(A). The statute authorized the State Engineer to adopt rules for priority administration in a manner that does not interfere with future or pending adjudications, creates no impairment of water rights other than what is required to enforce priorities, and creates no increased depletions.

    Based on Section 72-2-9.1, the State Engineer promulgated the Active Water Resource Management (AWRM) regulations in December 2004. The regulations stated purpose is to establish the framework for the State Engineer to carry out his responsibility to supervise the physical distribution of water to protect senior water right owners, to assure compliance with interstate stream compacts and to prevent waste by administration of water rights. 19.25. 13.6 NMAC. In order to carry out this purpose, the AWRM regulations provide the framework for the promulgation of specific water master district rules and regulations. No district-specific AWRM regulations have been promulgated in the Lower Pecos Valley region at the time of writing.

    T