Lawsuit Over NM Water Rights
Dumped Over "Standing" Issue

LOVINGTON, N.M. —(AP)— A judge has thrown out a lawsuit that challenged a plan to buy water rights along the Pecos River and allow more water to flow into Texas.

The Lea County Water Users Association, which includes ranchers, farmers, oil drillers and others, has been fighting the Interstate Stream Commission's plan to spend $12 million to retire the water rights.

The commission wants to buy the senior water rights from the city of Carlsbad and IMC Kalium, a potash mine, to ensure compliance with a 1987 U.S. Supreme Court order to deliver more Pecos River water to Texas. Senior water rights are the last to be affected during a drouth.

Texas already was awarded $14 million for damages in the 1987 Supreme Court decision.

The association contends the river water that is released to Texas will be replaced with water pumped from their underground aquifer, further depleting wells that already are spitting sand.

Water-squandering methods used by farmers in neighboring Texas counties as well as by miners and oil drillers in New Mexico threaten to deplete a limited aquifer that is Lea County's only water source, association members have said.

"The bottom line is, well, can we keep our water?" said Buster Goff, association chairman.

The association alleges the purchase would violate the anti-donation clause of the New Mexico Constitution, which forbids tax dollars from benefiting business.

State District Judge Robert Doughty of Alamogordo tossed out the association's lawsuit Oct. 30, saying he lacked jurisdiction.

"We're really not that disappointed with it," Goff said. "One of the things on our side is time."

The dismissal of the lawsuit involves a legal issue called standing, said Michael Comeau, the association's attorney.

In issues of great public interest, another legal term, the New Mexico Supreme Court often is the legal authority to determine if the party that filed the lawsuit has standing.

"It basically is who has the ability to challenge legislative actions," Comeau said.

The association was to meet Wednesday in Lovington to determine if it will proceed with the lawsuit, Goff said.

The lawsuit is a last resort, creating a wake-up call for other entities that Lea County wants to protect its water, Goff said.

"We're always open to talking. One of our complaints was we were never getting invited to the table," Goff said.

The association wants to settle the issue out of court, he said.

"There's going to be a solution before we're finished in court. I really think it might happen," Goff said. "You never win in court. Everybody's a loser."