CARLSBAD, N. M . — Ranchers in a southeastern New Mexico community and a potash company are locked in fight over water rights connected to the Pecos River.
The Denver-based Intrepid Potash recently claimed ownership of about 35,000 acre feet of water rights along the Pecos, with 19,000 identified for consumption, the Carlsbad Current-Argus reports.
Ranchers south of Carlsbad said that move could completely drain the Pecos.
In response to the Intrepid Potash’s claims, the Carlsbad Irrigation District filed litigation intended to block Intrepid’s ownership of the water and seven “preliminary authorizations” granted by the office of the state engineer to change the point of diversion and manner of use of the water.
The Carlsbad Irrigation District’s attorney, Ken Dugan, said Intrepid hadn’t used that much water in decades, essentially leaving its water rights unused for up to 50 years.
He said if water rights aren’t used for an extended amount of time, they are forfeited.
Dugan, at a Carlsbad Irrigation District board meeting earlier this month, alleged Intrepid intended to sell the water to the oil and gas industry, as the potash mining industry suffered in recent years.
If Intrepid took that much water out of the Pecos, Dugan also worried New Mexico could fail to deliver water to Texas as required under the Pecos River Compact, a 1948 agreement between the two states that saw New Mexico providing water from the Pecos River, which crosses into Texas.
The authorizations, not official permits, in question were granted “unilaterally” by former State Engineer Thomas Blaine, says the district’s lawsuit, to move and place into effect water rights on the river without any public input or hearings.
Intrepid’s attorney Chuck Dumars, refused to comment, saying it was his office’s policy that he “cannot discuss ongoing litigation.”
A Section on 03/23/2020