1. New Mexico Interstate Stream Commission: Priorities for 2012
Amy I. Haas
General Counsel
January 12, 2012

2. Interstate Stream Commission-Statutory Authority, § 72-14-3
To do any and all things to protect, conserve and develop the waters and stream systems of the state, including interstate waters.
Enforcement of obligations and entitlements under 8 interstate stream compacts
Negotiate with other states to settle interstate stream controversies
Investigate and develop the water supplies of the state

3. Interstate Stream Commission membership
By statute, 8 members appointed by Governor and 9th (Secretary) is State Engineer
Jim Dunlap, Chairman
Scott Verhines, Secretary (State Engineer)
Buford Harris
Blane Sanchez
Mark Sanchez
James Wilcox
Randal Crowder
Phelps Anderson
Vacant

4. Middle Rio Grande
Ongoing Section 7 consultation to develop a new Biological Opinion by 2013
Two Biological Assessments: Draft-BOR, Final –COE
MRG ESA Collaborative Program move to become a Recovery Implementation Plan (RIP)
March 2012—deadline for decision on RIP

5. Lower Rio Grande Historic Rio Grande Project operations
2008 Operating Agreement: US, EBID and EP#1
August 2011: NM (AGO) sues the US (BOR)
MRGCD and City of Las Cruces –motions to intervene on behalf of NM
State moves to join EBID and EP #1 as Party Defendants
Memorandum of Agreement between ISC and AGO for technical/legal support on the litigation.

6. Pecos River Pecos Settlement Agreement -Executed in March 2003
-Implemented in June 2009
conditions precedent satisfied
Water rts purchased, well fields/pipelines constructed
ISC pumping begins in March 2011
2011 one of driest years on record
ESA: intermittent drying in 2011, challenges for shiner
Pecos River Compact
99,600 AF credit with Tx
No danger of net shortfall in the new few years

7. Gila River
Arizona Water Settlements Act of 2004: 14,000 afa and $66 to $128 Million
Money to be used for New Mexico Unit or other water utilization alternative
Two-tiered evaluation process underway
Evaluation panel is on schedule for Tier 2 review and scoring (January 18, 2012)
New Mexico Unit Fund established during 2011 regular legislative session
ESA-proposed relisting of spikedace and loach minnow as endangered species and designation of critical habitat for both

8. Canadian River/Ute Reservoir
March 2009: federal authorizing legislation for construction of Ute Pipeline Project
Ute Pipeline: up to 16,500 afa water delivered from Ute Reservoir (ISC owned, operated) to Eastern NM communities
Problem? No federal $$$ for Ute Pipeline
ISC continues to implement Shoreline Management Plan and Memorandum of Agreement between State Parks, Game&Fish and ISC
ESA: ongoing discussions with USFWS regarding permit to monitor the threatened Arkansas River shiner

9. Colorado River Upper Colorado River Basin Compact: 11.25 % to NM
Colorado River Compact (7.5 MAF) v Hydrologic Determination (5.76 MAF)
Minute 319: Ongoing binational negotiations over Mexico sharing of Colorado shortages & surplus
Curtailment: Development of policies re: overuse under Article 4 of the UCRB Compact
Navajo Settlement: ISC administering state cost share obligations for Project (agreements). Recent request of $8.8 M credit for state funds spent on Project.

10. Indian Water Rights Settlement Fund, §§ 72-1-11, -12
2005 statute: creates fund to ensure sufficient funding to satisfy state’s cost share obligations for federally-authorized Indian water rights settlements
Currently 3 authorized settlements: Navajo, Aamodt and Taos (Abeyta)
Recent certification: $15 M bond sale (STB) appropriated during 2011 special session. $5 M will go to Navajo Settlement
Recent Fund disbursements: $8.6 M for Navajo