Rowe, Garry M.

English

University of New Mexico

Volume 39 
Issue 1 Coping with Scarcity in the Rio Grande/Rio Bravo Drainage Basin: Lessons to be Learned 
from the Droughts of 1993-1996 
Winter 1999 
Shortage and Tension on the Upper Rio Grande: Protecting 
Endangered Species during Times of Drought - The Role of the 
Bureau of Reclamation, A Brief Overview of Relationships in the 
Upper Rio Grande Basin 
Garry M. Rowe 
Recommended Citation 
Garry M. Rowe, Shortage and Tension on the Upper Rio Grande: Protecting Endangered Species during 
Times of Drought - The Role of the Bureau of Reclamation, A Brief Overview of Relationships in the Upper 
Rio Grande Basin, 39 Nat. Resources J. 141 (1999). 
Available at: https://digitalrepository.unm.edu/nrj/vol39/iss1/12 
This Article is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has been 
accepted for inclusion in Natural Resources Journal by an authorized editor of UNM Digital Repository. For more 
information, please contact amywinter@unm.edu, lsloane@salud.unm.edu, sarahrk@unm.edu. 
GARRY M. ROWE*
Shortage and Tension on the Upper
Rio Grande: Protecting Endangered
Species During Times of
Drought-The Role of the Bureau of
Reclamation, A Brief Overview of
Relationships in the Upper Rio Grande
Basin
In the Upper Rio Grande Basin, from the headwaters to Fort
Quitman, Texas, the United States Bureau of Reclamation (Reclamation or
Bureau) has interests in four major water projects, each with its specific
authorization:
1. The Closed Basin Project-pumps groundwater in southern
Colorado to assist the state of Colorado in making its deliveries
as required by the Rio Grande Compact.
2. The San Juan Chama Project-diverts a portion of the state of
New Mexico's apportionment from the Colorado River Basin
to the Ro Chama.
3. The Middle Rio Grande Project-provides for the delivery of
water and management of sediment through the middle
reaches of the Rio Grande, to the headwaters of Elephant Butte
Reservoir. This project assists in water delivery to the Middle
Rio Grande Conservancy District, helps the state of New
Mexico make its water deliveries as required by the Rio Grande
Compact, and assists the federal government in meeting its
delivery obligations to Mexico.
4. The Rio Grande Project-assists in assuring the delivery of
water to water users downstream of Elephant Butte Dam and
above Fort Quitman, including deliveries to Mexico.
These projects are briefly mentioned to establish the pivotal role
Reclamation has in Upper Rio Grande Basin water management. The
interests of the Bureau are broad and its relationships are many.
The Bureau acutely recognizes its responsibilities to those water
user entities with which it has contractual relationships, while at the same
time taking very seriously its trust responsibilities to the Native American
* Area Manager, Bureau of Reclamation, United States Dept. of the Interior, Albuquerque, New
Mexico.
NATURAL RESOURCES JOURNAL
governments, of which there are many. Likewise, Reclamation has
obligations not only to comply with Federal and State environmental law,
but also to do whatever possible to ensure environmental values are
maintained or improved. As one can see, the Bureau of Reclamation is in
a unique and challenging position. To be at all successful, it needs to
continue to seek balance and fairness while carrying out the agency's
responsibilities.
1996 WATER MANAGEMENT EVENTS
Water management events during 1996, as they related to the
endangered Rio Grande silvery minnow, have been discussed in earlier
articles in this issue of the Journal. Although the story is compelling and
has moments of true drama, it will not be retold in this article. However,
it must be understood that during the Rio Grande silvery minnow crisis of
1996 all of the players were operating within the existing legal and
institutional environment, which, by the way, remained the same one year
later. The principal legal realities for Reclamation were the following:
1. our Congressional authorizations,
2. the Endangered Species Act,
3. contractual relationships with water users,
4. the Rio Grande Compact.
Reclamation's policy guidelines were ostensibly simple: Stay out of court,
and seek equitable balances.
If there is one theme that came out of our experiences in 1996, it is
the theme of collaboration and balance. In the 90s, these are too often used
platitudes, in the author's estimation. However, during this crisis the many
interests, including Reclamation, had to implement these platitudes to
succeed. All players, yes "all," came to the table with some level of
commitment to seeking balanced solutions through collaboration. It was
not very graceful, but it was successful. How can it be said that it was
successful? The successes from these efforts include the following:
1. Irrigators, although inconvenienced at times, received their full
allotment of water.
2. More river, not less, was kept wet as compared to the
mid-April crisis.
3. New Mexico exceeded its water delivery requirements to
downstream water users.
So where are we now? Are we ready for the next drought? First, let
me say that Mother Nature contributed mightily to this success. Mid-
[Vol. 39
ROLE OF THE BUREAU OF RECLAMATION
irrigation season rains relieved much of the pressure to secure even more
supplemental water to augment the river flows through the middle valley.
On the heels of the irrigation season, which ended October 31,1996, the key
players reconvened to initiate actions to address some of the many
problems identified during the previous six months. A result of this effort
was the White Paper entitled "Water Management Strategies for the Middle
Rio Grande Valley" (prepared by representatives from Reclamation, the
United States Fish & Wildlife Service, the Corps of Engineers, the New
Mexico Interstate Stream Commission, the Middle Rio Grande
Conservancy District, and the City of Albuquerque). The White Paper
outlines "alternative courses of action to satisfy.. .water needs that merit
further investigation by agencies and entities which have a stake in water
management for the [middle Rio Grande] valley." Five categories of
activities are briefly discussed:
1. acquisition of water,
2. conjunctive groundwater and surface-water use,
3. upstream water management,
4. water use efficiency increases,
5. water rights administration.
The players are still meeting. Progress is being made on some of
the fronts; resources are being mustered to address some others. The point
to make here is, however, that the key players are working together to
continue to foster an environment where they can continue to seek balances
through collaboration. All of the players are continuing to create their own
collective future rather than having the future dictated to them.
If a multiple-year drought were to start next year, would all of us
be ready? No. Many of the solutions require true institutional changes.
However, we would collectively be much better prepared, based upon;
1. our experiences in working together last year,
2. progress we have made in modifying that which we could
modify,
3. additional investments in data collection, communications, and
analyses,
4. the fact that we did succeed last year.
Our chances for enhanced success will improve with every passing year as
long as we do not become complacent, and as long as we all are committed
to seeking balanced solutions.
Winter 1999]


Shortage and Tension on the Upper Rio Grande: Protecting Endangered Species during Times of Drought - The Role of the Bureau of Reclamation, A Brief Overview of Relationships in the Upper Rio Grande Basin

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Shortage and Tension on the Upper Rio Grande: Protecting Endangered Species during Times of Drought - The Role of the Bureau of Reclamation, A Brief Overview of Relationships in the Upper Rio Grande Basin

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