GEOLOGICAL DATING OF INDIGENOUS RESERVOIRS AND ADJUDICATION OF WATER RIGHTS, LAGUNA, NEW MEXICO

2016 ◽  
Author(s):  
Gary Huckleberry ◽  
◽  
Tammy Rittenour ◽  
Shannon Mahan
Keyword(s):  
2019 ◽  
Vol 38 (4) ◽  
pp. 718-735
Author(s):  
Elise T Jaramillo

In New Mexico, the marketization of water rights, urbanization, and the legacies of colonialism divide neighbors and pit them against one another over water. New Mexico’s acequias (community irrigation ditches) are organized by water flow, and the physical and interpersonal connections that enable it and are enabled by it. I examine the way that the social and material reality of water flow troubles deeply embedded racial and socioeconomic divisions by creating what I call fluid kinship: a social space that flows like an acequia, according to a topography of human relationships. Based on participant observation and in-depth interviews with acequia users in New Mexico, I elucidate how fluid kinship can reshape the terms of water conflict into unexpected configurations. By drawing attention to fluid kinship, I seek to elucidate the potentiality of the acequia as a counter-geography of relatedness and possible reconciliation.


2011 ◽  
Vol 43 (3) ◽  
pp. 367-378 ◽  
Author(s):  
M. Edward Rister ◽  
Allen W. Sturdivant ◽  
Ronald D. Lacewell ◽  
Ari M. Michelsen

The Rio Grande has headwaters in Colorado, flows through New Mexico, and serves as the United States-Mexico border in Texas, emptying into the Gulf of Mexico. Snow melt in Colorado and northern New Mexico constitutes the water river supply for New Mexico and the El Paso region, whereas summer monsoonal flow from the Rio Conchos in Mexico and tributaries, including the Pecos River, provides the Rio Grande flow for southern Texas. The region is mostly semiarid with frequent long-term drought periods but is also characterized by a substantial irrigated agriculture sector and a rapidly growing population. International treaties and interstate compacts provide the rules for allocation of Rio Grande waters between the United States and Mexico and among Colorado, New Mexico, and Texas. Water rights in Texas have been adjudicated, but the adjudication process was based on a wet period; hence, contemporary Rio Grande water rights are overallocated. Issues related to the waters of the Rio Grande include frequent drought, increased municipal demand caused by a rapidly increasing population, supply variability, underdeliveries from Mexico, increasing salinity, inefficient delivery systems, health issues of the population, no economic/financial incentives for farmers to conserve, and water is not typically priced for efficiency. Stakeholders are interested in identifying solutions to limited water supplies while there is increasing demand. There are several activities in place addressing Rio Grande-related water needs, including enhancing delivery distribution efficiency of raw water, conversion of rights from agriculture to urban, improving both agricultural irrigation field distribution and urban use efficiency, developments in desalination, and litigation. None of the solutions are easy or inexpensive, but there are encouraging cooperative attitudes between stakeholders.


Author(s):  
William M. Alley ◽  
Rosemarie Alley

This chapter discusses the questions of who owns or has a right to use groundwater, how much can they use, where can they use it, and can their water rights be sold? The rules and laws addressing these critical questions have not come easy, and remain highly controversial. This chapter discusses these questions as they have played out in three western states (Texas, New Mexico, and California), as well as Spain and Australia. California’s 2014 Sustainable Groundwater Management Act is used to illustrate many of the challenges.


Author(s):  
Eric P. Perramond

Water rights adjudications happen quietly every day across the western United States, sorting Indian water rights, claims by cities, and use by agriculture. This book argues that these state-driven court procedures change what they purport to merely measure and understand about water within state boundaries. Adjudications have unwittingly brought back to the surface old disputes over the meaning of water and access to it. Because of their adversarial court process and identity cleaving between Indian and non-Indian water rights, the state simultaneously faces resistance and friction over water use. Unsettled Waters uses insights from ethnography, geography, and critical legal perspectives to demonstrate the power of local negotiation in water settlements and to examine the side effects of these legal agreements and lawsuits in New Mexico, a state struggling with water scarcity. As the process unfolded in the twentieth century, new expert measures and cultures of expertise developed into an adjudication-industrial complex. These added layers of bureaucracy and technology complicated the state’s view of water. Water users have also pushed back against the state and have used the glacial pace of adjudication to adapt to changes in water law while making new demands. The process will also now have to account for climate-related water supply shifts and unquantified Indian water rights, as well as the demands endangered species and rivers themselves. Adjudication in the twenty-first century may serve a completely different purpose than what it was designed for over a century ago.


2018 ◽  
pp. 11-31
Author(s):  
Eric P. Perramond

New Mexico, like most western U.S. states, relies on the legal assumptions of prior appropriation to sort out historical water rights in space and in time. Early in the twentieth century, the state redefined water as owned by the public, but access rights to water were assigned as private property rights. Water rights adjudications are designed to identify water users throughout the state and quantify their water allocation. This process fundamentally rescaled water as an object and a property and was at odds with existing local water cultures and definitions of water. Local and indigenous water sovereigns contested the state’s reading of water as property, and adjudication dragged on for decades in valleys where local interests wanted water to remain with their lands.


1979 ◽  
Vol 31 (5) ◽  
pp. 885
Author(s):  
Bruce A. Machmeier
Keyword(s):  

2018 ◽  
pp. 177-186
Author(s):  
Eric P. Perramond

Adjudication created an adversarial relationship between the state and New Mexicans, as well as between different water users in New Mexico. This chapter considers whether altering the purpose and process of adjudication might yet produce some positive results if the assumption of water sharing, not hard and fast prior-appropriation property rights, becomes the normative assumption by the state. The state could improve its data sharing and transparency to enable greater flexibility in using adjudication to a different end. Yet understanding New Mexico’s struggles over defining water rights offers lessons. The implications of resolving these issues speak directly to the ongoing water struggles in many other western states in the United States and in other countries where water allocations are already a concern.


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