Settlement released in Texas v. New Mexico Rio Grande lawsuit
- Danielle Prokop,
Parties in a legal dispute over Rio Grande water filed settlement documents Friday that could end a lawsuit that has been mired before the U.S. Supreme Court for the last 12 years and cost taxpayers tens of millions of dollars.
The potential dismissal of the case would establish new rules in the stretch of Rio Grande below Elephant Butte, an area reshaped by water scarcity and agriculture.
The U.S. Supreme Court in June 2024 struck a previous proposed settlement crafted between New Mexico, Texas and Colorado, ruling in a that the settlement unfairly excluded the federal government鈥檚 鈥渦nique federal interests,鈥� and sent the parties back to the negotiation tables in 2024.
In May, New Mexico, Texas, Colorado and the United States announced they were .
The agreement released Friday will provide a measure of stability and truly end the conflict, New Mexico鈥檚 lead attorney in the case, Jeff Wechsler, told Source NM.
鈥淚 think it鈥檚 a fair and appropriate resolution of a number of longstanding disputes in the Rio Grande, and I鈥檓 hopeful that it will really be the foundation for continued water use and prosperity in the region in both states,鈥� he said.
The parties provided the settlement to the U.S. Court of Appeals for the Third Circuit Chief Judge D. Brooks Smith, who oversees the case as a special master. Smith set a Sept. 29 hearing in Philadelphia to consider the proposal. Following the hearing, Smith will write a recommendation to the U.S. Supreme Court, which holds the power to issue a final decision.
A series of droughts in the early 2000s spurred a slew of lawsuits between irrigation districts, local governments, state agencies and the federal Bureau of Reclamation over the splitting of the Rio Grande. The grievances carried into a 2011 federal lawsuit brought by New Mexico, which alleged the federal government鈥檚 operations of a network of dams, canals and irrigation ditches favored Texas farmers and shorted New Mexico its rightful Rio Grande water.
In 2013, Texas elevated the dispute to the U.S. Supreme Court, and alleged that New Mexico鈥檚 groundwater pumping from farming and development on the Rio Grande was taking tens of thousands of acre feet of water and violating the 87-year old compact between the states. The Supreme Court allowed the federal government to join the case in 2019.
In addition to the named parties, more than a dozen organizations factor into the case, including the cities of Las Cruces and El Paso; water utilities; farming groups; New Mexico State University and irrigation districts.
The four-part settlement resolves an overlapping series of disputes between:
- Texas and New Mexico, by establishing a framework for water accounting; and a new formula for yearly targets, among other provisions;
- New Mexico, the federal government and irrigation districts, which resolves water accounting issues and allows for transfers of water between the two irrigation districts for compact compliance;
- New Mexico and federal government, thus ending claims that New Mexico pumping threatened the federal government鈥檚 responsibility to transfer water to Mexico and the irrigation district; and requiring New Mexico to cut groundwater pumping under a new plan;
- and between the U.S. and the Elephant Butte Irrigation District, allowing for Rio Grande water to be used for purposes outside irrigation, while establishing compensation for farmers.
鈥淭his historic settlement allows New Mexico to maintain control of our water uses and adds flexibility to how we are able to meet our Compact requirements,鈥� State Engineer Elizabeth Anderson said in a statement. 鈥淏y working together with the local water users, the other states and the federal government, we have crafted a solution that meets the needs of all the parties.鈥�
Wechsler said the key sign off from two regional irrigation districts 鈥� Elephant Butte Irrigation District and El Paso County Water Improvement District No. 1 鈥� allows for groundwater users to continue using water.
鈥淚t really ends up being a huge benefit for the cities, the farmers, the water users down there,鈥� Wechsler said.
NM Pueblo leader says recent USDA tribal food program cuts means more reliance on 鈥榗ommodities鈥� -
Recent federal cuts to food programs, including those that help feed Indigenous people, mean more tribal members across New Mexico will rely on a more limited food program often called 鈥渃ommodities,鈥� the chairman of the All Pueblo Council of Governors said Thursday.
The United States Department of Agriculture recently eliminated its. The department as of Aug. 26 allocated more than $5.7 million to . It provided funding to tribal schools to purchase food produced within local and regional areas to benefit student nutrition and local farmers.
In addition to nixing that program, the 鈥渂ig beautiful bill鈥� that Congress recently enacted makes cuts to the Supplemental Nutrition Assistance Program, known as SNAP or 鈥渇ood stamps.鈥� New Mexico has the highest percentage of, and its high error rate could mean it will have to find a way to fund some of the program itself.
One program that is not 鈥渙n the chopping block as of yet鈥� is USDA鈥檚 , which serves low-income households, said James Mountain, the pueblo council chairman, to an interim New Mexico legislative committee Thursday.
But the program has its drawbacks, he said. It鈥檚 been around since the 1970s and picked up a colloquial name, 鈥渃ommodities,鈥� based on the quality and nutritional value of the food. 鈥淐ommodity cheese鈥� is a huge block of cheddar that Mountain remembers fondly.
鈥淚t serves our most vulnerable people in our homes, in our communities,鈥� he said. 鈥淚 was raised on that in my grandma鈥檚 house. For many of our grandmas and grandpas and our aunties and uncles, it鈥檚 their only source of food for a month.鈥�
But while the program has expanded its offerings over the years, it鈥檚 still less nutritious and traditional than programs that allow members to choose what food they want, Mountain said. And funding for it has stayed flat, despite the other programs being cut, he said.
鈥淲e will see an influx of those participants migrating back into the Food Distribution Program. And our question to USDA, to President Trump and the administration and to lawmakers, is, how are we going to fund this?鈥� he said. 鈥淲e鈥檇 love to have those participants there, but it鈥檚 a flat budget.鈥�
That question is one of many Mountain said he has after the passing of the tax and spend bill and Trump鈥檚 latest budget request. Another source of uncertainty is whether the Farm Bill will adequately fund those programs or redesign them, given that Republican lawmakers have announced they are seeking a 鈥渟kinny,鈥� or pared-down version of the once-a-decade legislation.
鈥淣ow it鈥檚 reduced to what they鈥檙e calling a 鈥榮kinny鈥� Farm Bill. Please don鈥檛 ask me what that means, because we don鈥檛 know yet, but we鈥檙e trying to figure that out,鈥� he said. 鈥淎gain 鈥� it goes back to the unknown.鈥�
Santa Fe mayor's plan to boost living wage to $17.50 drawing cheers, skepticism -
SANTA FE 鈥� Facing a housing crunch, declining public school enrollment and rising consumer prices, the mayor of New Mexico鈥檚 capital city is proposing a living wage reboot.
But some business leaders are already expressing concern about the proposal鈥檚 impact, particularly on Santa Fe鈥檚 restaurant industry.
Mayor Alan Webber鈥檚 plan would increase Santa Fe鈥檚 minimum wage to $17.50 per hour 鈥� up from the current $15 per hour 鈥� with future increases tied to rental cost increases and inflation.
That increase, if approved, would make Santa Fe鈥檚 living wage the highest in New Mexico. But the $17.50 per hour wage floor would still be lower than some other cities鈥� 鈥� including Denver, Seattle and Flagstaff, Arizona.
Webber, who is not seeking reelection this fall, said the proposal came about based on the findings of a report on child hunger in Santa Fe. He also said increasing the living wage would be part of a broader effort that includes building more affordable housing units.
While acknowledging a higher living wage would not be a 鈥渇ix-all,鈥� Webber said the current minimum wage has not kept up with surging housing costs.
鈥淲e still have a big gap between what people make and what it costs to rent a two-bedroom apartment in Santa Fe,鈥� he said. 鈥淲e can鈥檛 close the gap in its entirety, but we can do better.鈥�
Rental costs in Santa Fe grew at from March 2017 to March 2024, increasing by 74% during that time period, according to a Pew Charitable Trusts report. A review of current listings shows the average rent ranges from $1,100 per month for a one-bedroom apartment to around $1,500 for a two-bedroom apartment.
For local residents like Dominic Quiroz, that reality poses a month-to-month math problem of making ends meet.
Quiroz, who moved back to Santa Fe after working construction in the Dallas area, said he currently works two jobs, including for the company that runs Santa Fe鈥檚 homeless shelter.
鈥淚f everything else goes up, I feel like the minimum wage should, too,鈥� Quiroz told the Journal.
He also said an increase in Santa Fe鈥檚 living wage would make it easier for many working residents to pay for food and other basic expenses.
New Mexico鈥檚 current statewide minimum wage is $12 per hour, after signed by Gov. Michelle Lujan Grisham took effect in January 2023.
HISTORY OF OF SANTA FE'S LIVING WAGE
Santa Fe became one of the first cities in the nation to enact a local living wage higher than the statewide minimum wage in 2004, after city councilors approved an ordinance setting an $8.50 per hour minimum pay rate.
It has subsequently increased in recent years, due primarily to an annual adjustment tied to inflation rates that was enacted in 2007, and is .
The initial living wage ordinance withstood several legal challenges filed by local businesses, and other New Mexico cities like Albuquerque and Las Cruces have followed suit in recent years.
Webber said he expects some pushback from business groups for his latest proposal. But he said many of the doomsday arguments against the 2004 ordinance did not come to pass.
鈥淭he data all showed that people鈥檚 lives were improved,鈥� he said. 鈥淭hey had more money in their pockets.鈥�
鈥淚 think the pushback may be less than there was the first time around, because they鈥檝e all seen what happened with the living wage and it didn鈥檛 have all those dire consequences,鈥� Webber said.
Santa Fe Chamber of Commerce President and CEO Bridget Dixson said it鈥檚 premature to say whether any local businesses would close if the living wage is increased.
But she said she鈥檚 particularly worried about the proposal鈥檚 impact on businesses, as many eateries already struggled to stay afloat during the COVID-19 pandemic.
鈥淚 know it is definitely a concern,鈥� Dixson said in an interview. 鈥淚t鈥檚 another hurdle for them.鈥�
She said the chamber of commerce is planning to conduct a business survey to gauge reactions to the living wage proposal but said a possible exemption for the restaurant industry could alleviate some of the impact concerns.
MARKET FORCES COULD MUTE IMPACT
Both proponents and skeptics of the increased living wage appear to agree on at least one thing 鈥� most local businesses already pay their workers in excess of the base pay level.
鈥淭he market is driving people to pay more because of labor shortages and competition for good workers,鈥� Webber said.
Louis Demella, the acting president of the American Federation of State, County and Municipal Employees local union, said more than a quarter of the union鈥檚 roughly 600 members commute to work from outside Santa Fe.
鈥淲e have snowplow drivers right now who are living in Albuquerque鈥� due to Santa Fe housing costs, Demella said.
But he said adjusting the pay structure for municipal employees would be more beneficial than raising the city鈥檚 living wage, while accusing Webber of misrepresenting AFSCME鈥檚 participation in talks about the issue as an endorsement of the proposal.
Meanwhile, some research suggests even a $17.50 per hour living wage would not accurately reflect the realities of living in Santa Fe.
A developed by researchers at the Massachusetts Institute of Technology pegged the amount a single adult with no children living in Santa Fe would have to make to support themselves at $24.42 per hour. For a single parent with two children, the wage level jumps to $56.30 per hour.
Webber does not dispute such figures, but said mandating such high minimum pay levels would not be politically or practically feasible. He recently held a work session with Santa Fe city councilors on the proposal and plans to hold public meetings on the issue in the coming weeks.
If all goes according to plan, Webber said he鈥檚 hopeful a city council vote on the ordinance could happen this fall, before he leaves office.
鈥淚鈥檝e got a limited shelf life, so I鈥檇 like to get it done before the end of my term,鈥� Webber said.
But some city councilors have questioned the timing of the proposal, as up to eight candidates are currently vying to be Santa Fe鈥檚 next mayor.
鈥淚 imagine some of this is fulfilling promises that were made a long time ago,鈥� said City Councilor Alma Castro, who is not among those running for mayor.
City to host small business resource fair next week to help Albuquerque entrepreneurs - The city of Albuquerque is hosting a small business fair next week, offering business development resources for attendees looking to launch a new venture or grow an existing one.
Representatives from city departments, lenders and marketing agencies will be in attendance to offer guidance at the event, hosted by the city鈥檚 Small Business Office and Job Training Albuquerque.
The small business fair is on Wednesday, Sept. 3, at the Main Library, 501 Copper NW. Guest speakers will present 3-3:30 p.m., and the resource fair will be 3:30-5:30 p.m.
The small business fair will also include presentations on financing a business, mentoring and educational resources, and workforce development.
Participating organizations include the city鈥檚 Planning Department and Procurement Division, the University of New Mexico鈥檚 procurement department, SCORE business mentoring, America鈥檚 Job Center, Sandia Area Federal Credit Union, BMO Bank, Presbyterian Health Plan, Clover and the Better Business Bureau, according to city spokesperson Sara Mannal.
Small businesses are an integral part of the state鈥檚 economy. shows 99% of businesses in New Mexico are small businesses, employing more than half of the state鈥檚 workforce.
鈥淎lbuquerque鈥檚 small businesses are the heart of our local economy, and we鈥檙e committed to helping them succeed,鈥� Albuquerque Mayor Tim Keller said in a statement. 鈥淭his resource fair is about making sure entrepreneurs, whether just starting out or looking to grow, have access to the tools, training and connections they need to thrive.鈥�
The city hosts four small business resource fairs annually, Mannal said.