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Contact: Ricardo Bernal (202) 225-2365

Pearce Worked to Protect New Mexico's Water Rights in Arizona Settlement Bill


Washington, Nov 17, 2004 - The U.S. House of Representatives today passed S. 437, the Arizona Water Settlements Act, which through work by Congressman Steve Pearce and Senator Pete Domenici protects and guarantees water and resources for New Mexico. This legislation now heads to the President’s desk for his signature.

“This historic bill will not only provide a settlement to long–standing Indian water rights in Arizona, but will also ensure Southwestern New Mexico gets the water it was apportioned in the 1968 Colorado River Basin Project Act,” Pearce said.

In the 1968 Act, New Mexico was apportioned 18,000 acre feet of Gila River water. The Gila River’s headwaters are in New Mexico, and therefore New Mexican’s always felt they had a claim to some of this water.

Pearce added, “New Mexico has not been able to use any of this water and it has simply been “paper” water. New Mexican’s have long sought to develop this water, and because of their willingness to negotiate in good faith, and to compromise with the State of Arizona and downstream water users, we now have reached agreement.”

New Mexico was not able to develop this water because the 1968 Act required New Mexico to keep whole senior water uses in Arizona. After many long months of negotiations, all the necessary agreements between Arizona and New Mexico are in place to allow this bill to move forward.

“This bill has been a long time coming, but it has been crafted in such a way that New Mexico will finally be able to rightfully benefit from this water agreement,” said Domenici, who as chairman of the Senate Energy and Natural Resources Committee led negotiations to ensure the bill met New Mexico’s needs.

The legislation will provide New Mexico with a minimum of $66 million and up to $128 million. The bill also allows New Mexico to be able to divert 14,000 acre feet per year.

Without the agreements negotiated between the two States and which are reflected in the amendments to the 2004 Arizona Water Settlements Act, the New Mexico unit could not be developed. However, with this agreement, after nearly 40 years New Mexico water users will be able to develop the water they were promised in 1968.

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