Keep Your Money: Let the West Pay for its Own Water Projects

The question posed here is what role the federal government should play in responding to the western water crisis, in light of the changes in the social and political landscape that have occurred in the last decade. My thesis is that solutions to water needs that are funded locally are more likely to be sustainable than those produced through national appropriations. My thinking is affected by the work I did on a Presidential commission that recommended sustainability be the cornerstone of western water policy

Protecting New Mexico’s Waters: A Blueprint for the Future

Aquatic species are imperiled by water diversions, introduced species, pollution and now climate change. In the western U.S., water law rewards the withdrawal and use of water, rather than leaving water instream for ecological, recreational and other purposes. New Mexico has no statutory protections for environmental flows and is increasing its diversions of water from rivers. This paper discusses the status of instream flows in the state and proposes policies to better protect the state’s waters

Water and Population in the American West

The American West is justly famed for its sunshine and wide skies.1 However, there is a potent combination of low rainfall and growing population in the West that ensures that water, or the lack of it, will remain another well-known feature of the region. As the number of people sharing already stressed water supplies increases, the economic, ecological, and social costs of providing water become more evident. Agriculture consumes about 90% of the water that is extracted in the West, and the transfer from agricultural to municipal and industrial uses is invariably complex. Increased water extraction has resulted in the loss of species across the western landscape. Groundwater mining is a looming crisis in the West; however, as an issue it is hidden from public consciousness and typically solved by costly water projects. The movement toward sustainability will require a reorientation of public policies to recognize the need to balance human uses with ecological functions, and to incorporate the true costs of water into decision-making. It is important that the public learns that public entities make decisions throughout the year that affect the availability and management of water supply. Issues that should be of concern to consumers include water rates, whether rivers will be tapped for municipal supplies, achievement of water quality standards, whether new development and industry will be encouraged, as well as other issues that profoundly affect the future of western rivers

The Nature of Legal Education and Its Links to Water Management

When water decisions are made, water lawyers are central fi gures, and decisions are made within the framework of the governing institutions. In this essay, I discuss legal education and the training of a water lawyer. Students from other disciplines may seek out legal education, so approaches to their education are considered

Federalism and the Prevention of Groundwater Contamination

Pendin

Its Time for a State Environmental Policy Act

What single law should be the first step in protecting New Mexico\u27s environment from the consequences of our cascading population? My nomination would go to a State Environmental Policy Act, commonly called a state NEPA. These laws are on one level very simple, requiring only that state governments stop and think before taking actions with significant environmental costs. After twenty-five years of experience with the federal National Environmental Policy Act (NEPA), however, we know that a law that allows citizens input into governmental action has a profound effect on governmental action

Protecting Our Natural Environment

We don’t have a framework for protecting the ecological aspects of rivers and streams and that’s what I want to talk about today. We have failed to protect these natural values in our rivers, and my concern as we look toward the future is what sorts of steps Congress should take to stem further damage and to help us restore our rivers and streams. My first point is that New Mexico should manage water demand rather than investing in large-scale water projects. My second recommendation and that is restoration. Restoration of the state’s rivers is something we had begun to a limited degree using state funds under a WRRI program, but the program did not have statutory authorization and there is a question as to whether or not we can continue it