The evolution of groundwater rights and groundwater management in New Mexico and the western United States

Historically, rights in water originated as public property and only later became individualized rights to utilize the public resource, in a manner consistent with the public welfare needs of society, but protected by principles of property law. Five basic regulatory systems for rights in groundwater in the United States have evolved to date. The problems raised by the hydrologic differences between groundwater hydraulically connected to stream systems and groundwater in non-replenished aquifers have been resolved to some extent by a couple of leading court cases. Numerical modeling and other technical methodologies have also evolved to evaluate the scientific issues raised by the different hydrologic conditions, but these are not immune from criticism. The current role of aquifers is evolving into that of storage facilities for recycled water, and their utilization in this manner may be expanded even further in the future. The policy implications of the choices relating to joint management of ground and surface water cannot be overstated. As this paper demonstrates, proactive administration of future groundwater depletions that affect stream systems is essential to the ultimate ability to plan for exploitation, management and utilization of water resources in a rational way that coordinates present and future demand with the reality of scarcity of supply. The examples utilized in this paper demonstrate the need for capacity building, not just to develop good measurement techniques, or to train talented lawyers and judges to write good laws, but also for practical professional water managers to keep the process on a rational course, avoiding limitless exploitation of the resource as well as conservative protectionism that forever precludes its use.