Middle Rio Grande Regional Water Plan
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<strong>Middle</strong> <strong>Rio</strong> <strong>Grande</strong> <strong>Regional</strong> <strong>Water</strong> <strong>Plan</strong> Comments Last Updated 05/24/2016<br />
Comment Page<br />
Paragraph or<br />
Section<br />
Number Number Number Comment<br />
106 1 Section 4.1.1 Should include the 40‐yr water plans in the region Technical Elaine Hebard<br />
Technical Elaine Hebard<br />
107 1 Section 4.1.1 Add this information: "In the case filed on March 21, 2016, entitled Wild Earth Guardians, Petitioner, v.<br />
Tom Blaine, in his capacity as the New Mexico State Engineer, Respondent, and the <strong>Middle</strong> <strong>Rio</strong> <strong>Grande</strong><br />
Conservancy District, U.S. Bureau of Reclamation, Real Parties of Interest. No D‐101‐CV‐2016‐00734, N.M.<br />
Dist. Santa Fe, N.M., WEG seeks an Alternative Writ of Mandamus directed to the New Mexico State<br />
Engineer to perform his nondiscretionary duty to either set a due date for the District/Reclamation to<br />
demonstrate proof of beneficial use for Permit Nos. 0620 and 1690 or cancel the permits."<br />
108 14 Section 4.1.2.4 Include Chapter 12 in the list of references in the last sentence of the paragraph Technical Elaine Hebard<br />
109 14 Section 4.1.3 Add a second sentence to the paragraph that says "New Mexico alleges that, since it has made its<br />
required Compact deliveries, any interception due to groundwater pumping allowed by the State<br />
Engineer would be a matter for state courts." Modify the third sentence to say "Colorado is also a<br />
Defendant in the lawsuit solely because as it is a signatory to the <strong>Rio</strong> <strong>Grande</strong> Compact."<br />
Technical Elaine Hebard<br />
Comment Type<br />
(Technical or<br />
Process) Commenter Steering Committee Comments<br />
110 14 Section 4.1.3 This section should say something about New Mexico's position. Technical Elaine Hebard<br />
111 15 Section 4.1.3.1 Define the aboriginal rights in the region Technical Elaine Hebard A list of the Pueblos and Tribal land is given in the next sentence.<br />
Can you clarify what information you would like to see added?<br />
112 16 Section 4.1.3.2,<br />
last paragraph<br />
Add this sentence to the end of the last paragraph; "Deficit consumption in the MRG would aggravate the<br />
situation."<br />
Technical<br />
Elaine Hebard<br />
113 16 4.1.3.3 Add: and more substantially in Chapter 12‐11 Technical Elaine Hebard<br />
114 16 4.1.3.4 Add this information "Abiquiu Dam, operated by Army Corps for flood control, is used for storage Technical Elaine Hebard<br />
purposes by ABCWUA, and through agreement, releases are timed to help recreation between El Vado<br />
and Abiquiu.<br />
Cochiti Dam, also operated by Army Corps for flood control, has a small recreational pool and has<br />
released water to boost the spring runoff for the benefit of the silvery minnow, an endangered species. "<br />
115 17 4.1.3.5 Revise the last bullet regarding the Jemez Pueblo: "Adjudication resuming to litigate the claims of Pueblos Technical Elaine Hebard<br />
of Jemez, Zia and Santa Ana for historic, existing and future uses (see below and Chapter 12‐11 ).<br />
116 18 4.1.4 Do San Ysidro, Cuba, Jemez Springs, etc have any such laws? Technical Elaine Hebard<br />
117 19 4.1.5.1 Add to the end of the first sentence of the section "<strong>Water</strong> use in Bernalillo County is regulated by Technical Elaine Hebard<br />
ordinances, and guided by a <strong>Water</strong> Conservation <strong>Plan</strong> and the Albuquerque/Bernalillo County<br />
Comprehensive <strong>Plan</strong> (City of Albuquerque, as amended through 2013; and which is being updated at this<br />
time ).<br />
118 20 4.1.5.2 add this sentence to the end of the paragraph "It also has a Conservation <strong>Plan</strong> and has numerous Technical Elaine Hebard<br />
restrictions on how new development is serviced."<br />
119 26 4.2.1.1 Add this information "WEG sent a letter to the Secretary of Interior on January 6, 2016, alleging that the Technical Elaine Hebard<br />
Bureau of Reclamation's action in assisting New Mexico's compliance with Compact deliveries by<br />
releasing prior and paramount water contradicts the Bureau of Indian Affairs' responsibility to protect<br />
tribes."<br />
http://www.wildearthguardians.org/site/DocServer/1.6.16_Letter_to_SOI_re_P_P_storage_releases_FIN<br />
AL_and_a.pdf?docID=16985&AddInterest=1484<br />
120 27 4.2.1.2 Long discussion in 4.2.1.2 about the New Mexico Wildlife Conservation Act. What does this mean to the Technical Elaine Hebard<br />
RWP and "gap", water wise?<br />
121 28 4.2.2 No mention of<br />
Technical Elaine Hebard<br />
• paper water permits exceeding available wet water rights.<br />
• requirements to meet the compact and what that means, water wise.<br />
• RPyRJ <strong>Water</strong> Quality in Chapter 12.7 and Appendix 12.7<br />
122 4 Many of the issues raised could be said to be driving forces for water management in the two watersheds Technical Elaine Hebard<br />
comprising the Río Puerco and Río Jemez subregions. Information about Land Grants, United States v.<br />
Abousleman, Nacimiento Community Ditch Association, acequias, and water quality information was<br />
summarized in Chapter 12:11,<br />
http://www.ose.state.nm.us/<strong>Plan</strong>ning/RWP/Regions/12_MRG/2004/SEC12‐11‐<br />
IssuesAndConstraints.pdf, should be included. (Table of contents from Chapter 12‐11 and Appendix 12‐<br />
11 were included in comments) Why not at least acknowledge the existence of the RPyRJ plan?<br />
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