- Protected the City’s interests in a negotiated resolution of the Rio Chama adjudication.
- Established clear siting and pumping parameters for qualifying City wells, including up to 500 AFY in the permissible well zone.
- Secured non-opposition commitments for qualifying well applications and a consultation process for associated infrastructure.
- Provided for $32 million in State-administered funding for production wells and related regional municipal water-system infrastructure.
GZA GeoEnvironmental, Inc. (GZA) provided technical support to the City of Española during negotiation of the Ohkay Owingeh Rio Chama Water Rights Settlement in the longstanding State of New Mexico ex rel. State Engineer v. Aragon adjudication. The settlement was developed to resolve Ohkay Owingeh and United States water-right claims in the Rio Chama Stream System through negotiation rather than continued litigation, while establishing a framework for basin administration, shortage sharing, groundwater development, and implementation funding.
Challenge
The City needed to protect its municipal water-supply interests while participating in a complex settlement involving Pueblo reserved rights, state-based rights, acéquias, shortage administration, groundwater pumping effects, and future basin management. A central City concern was preserving a practical path to develop additional Rio Chama Basin groundwater supplies without creating unresolved conflicts with Ohkay Owingeh or neighboring water users.
Solution
GZA assisted the City by providing technical water-resources and groundwater support for settlement negotiations. The work focused on evaluating potential well-development areas and pumping constraints, informing settlement terms for City wells, and helping translate hydrologic considerations into implementable protections. The resulting agreement establishes a permissible well zone, a 3,000-foot setback from the Pueblo Grant, and authority for wells totaling up to 500 acre-feet per year within the zone. It also recognizes the City’s existing supplemental well and provides for good-faith consultation regarding easements and related infrastructure.
Benefit
The settlement gives the City a defined and less contentious pathway for expanding its regional municipal water system. Ohkay Owingeh agreed not to oppose qualifying City well applications, and the settlement parties agreed not to protest qualifying applications within the established limits. The agreement also provides for $32 million in State-administered funding, subject to the settlement terms, for production wells and related infrastructure to provide additional safe drinking-water sources for City customers.