NM: Water Rights A Possible Target of Federal
Government Report
by J.J. Johnson - Sierra Times 12.15.01

Legislation moving through Congress would allow the federal government to buy river water rights from New Mexico farmers, and put them out of business if the greens have their way - but only if the governor signs on.

"This proposed federal action targets New Mexico at present but could be used against other states as well', said Jay Walley, spokesman for the Paragon Foundation, a New Mexico grassroots property rights organization.

Sen. Pete Domenici, R-N.M., initially opposed the water conservation program because he feared it could have disrupted the existing balance between meeting the water demands of farmers and fish.

But someone got to him. Domenici had tried to nix the bill, but Sen. Jeff Bingaman, D-N.M., helped develop a 'compromise'. The amendment that passed Wednesday gives states the option to sign up for the program.

"I believe this provision will calm some concerns," Domenici said. "The original proposal would have forced states, like New Mexico, to accept a major new player, namely the USDA, in its adjudication of water rights.

"If this new program works to help save threatened species, then great. But it is also good for a state to have the choice to opt out of the program if it would throw its water situation into chaos," he told the Albuquerque Journal.

The water conservation program is included in the five-year farm bill, which the Senate is debating this week. It would allow the Department of Agriculture to temporarily or permanently buy water rights from farmers or Indian tribes to help declining fish and wildlife populations. But nothing in the bill guarantees the listed fish would be protected, nor does it guarantee protection for farmers rights.

Bingaman said it is impossible to say whether the program would be good for New Mexico until the Agriculture Department develops the regulations to implement it. Farmers could be paid to shift from a water-intensive crop to one that uses less water, Bingaman said.

Just to save a fish.

"That is the kind of thing contemplated under the program," he said. "That part sounds good."

Left wing extremists who believe animals have more rights than humans believe the program could play an important role in New Mexico, aiding efforts to provide enough water for the endangered Rio Grande silvery minnow, the threatened Pecos blunt nose shiner and other species.

"It's a huge victory for voluntary efforts to help save endangered fish," said Scott Faber, an attorney with Environmental Defense Fund in Washington, D.C.

News sources throughout New Mexico went on to quote various other so-called environmental groups. In all the news stories compiled, none quoted and farmer of rancher - the ones that would be effected the most. The fish gave no comment either.

Jay Walley, along with most rural New Mexicans opposes the measure. "It could jeopardize our state's water, potentially impact our ability to meet water compacts, and harm private landowners' ability to put the water to beneficial use." Said Walley. He wants it removed from the Farm Bill in its entirety