House Bill Would Require Feds
To Obey States' Water Rights

WASHINGTON — If the federal government wanted to take water it did not own in New Mexico, it would first have to follow state water acquisition rules under a bill passed by the U.S. House of Representatives.

Language aimed specifically at disputed protection plans for the officially "endangered" Rio Grande silvery minnow was worked out by Rep. Joe Skeen and Sen. Pete Domenici, both New Mexico Republicans, said Skeen spokeswoman Selma Sierra.

The altered bill, if approved by the Senate and signed by President Clinton, would amend the Drought Emergency Assistance section of the fiscal-year 2000 conference report on the Energy and Water Appropriations Bill.

As passed by the House on Monday, it would bar the government from using taxpayer funds for any water acquisition undertaken by the U.S. Bureau of Reclamation for the Middle Rio Grande or the Carlsbad projects in New Mexico unless the acquisition complied with state water law.

``This legislation will protect New Mexico's water rights while also protecting the habitat of the endangered fish,'' Skeen said in a statement released by his office in Washington, D.C. ``In my view, it is the responsibility of federal government agencies to utilize the water resources allocated to them for habitat enhancement, and it should not come from the allocation of water users who depend on this precious resource for agriculture purposes.''

The measure would ensure that state water law takes precedence over decisions made by the federal government regarding implementation of the Endangered Species Act, Skeen said.

Assuming the federal government exhausted its allocation, the next category of water use that would go toward protecting the fish would be municipal and industrial allocations, not agricultural, Skeen said.

The agricultural uses have the senior water rights in this case, he said.

A message was left seeking comment late Monday from Susan George, an attorney for Defenders of Wildlife.

(One suspects the message went unanswered because Ms. George is still choking and gasping, unable to believe that at least one house of Congress has finally gathered the nerve to take a stand in favor of states' rights and people's rights, rather than the whims of politically powerful activist groups and their media allies. — Ed.)

The most recent fish surveys have indicated that the Rio Grande silvery minnow is being squeezed into ever-shrinking habitats along the river. At present, it seems the last remaining population of the minnow may be concentrated in a perilous stretch of river above Elephant Butte Lake where water levels habitually fluctuate, surveys reported last week indicate.

The studies have triggered concern at the U.S. Fish and Wildlife Service that the plight of the minnow might be worse than it was — and that its habitat continues to shrink.

They indicate the remaining population might be found north of Elephant Butte Lake along an area of the Rio Grande that is prone to drying in the summer.

``What we're seeing now gives us a lot of concern,'' said Jennifer Fowler-Propst, New Mexico field supervisor for the U.S. Fish and Wildlife Service's ecological services division. ``We need to figure out why we're seeing what we're seeing so we can manage it.''

According to the population surveys conducted in July and August, about 90 percent of the remaining minnow population is below the San Acacia diversion dam near Socorro, Fowler-Propst said.

Surveys in recent years showed 70 percent of the surviving minnow population below San Acacia, suggesting the minnow's home range is shrinking.

Now, even the fish below San Acacia are concentrated in the San Marcial area, the southern-most portion of that stretch of river.

``It's serious,'' Fowler-Propst said.

``Keeping this species alive is going to be more complicated than anyone realized, but that is not a reason to give up,'' said Denise Fort, a professor of environmental law at the University of New Mexico.