Salt on a Water Worm

Water law complexity has been likened to multiple cans of worms. Water right transfers – especially of groundwater rights – seem to be at the tangled center of the worm pile. Water wary opponents claim that HB19 (SB188) “Status of Water Rights Under Lease” has the strong potential to foster multiple subleases of groundwater for transfer to just about anywhere for just about anything - opening the can of worms. That’s a little unsettling. But then so is the whole murky wormy picture of groundwater transfers.

Worm loaded for bear

The State Engineer’s power to manage water rights and transfers was recently affirmed by the Supreme Court. The process is known as Active Water Resource Management or AWRM, pronounced “a worm.’ This administrative power, based on a statutory change in 2003, is impressive – sort of a license to license that among other things enables transfers without the lengthy adjudication process. Two bills just introduced by Senator Cervantes, SB494 “Water Prior Appropriation Rules” and SB529 “Water Prior Appropriation Administration” attempt to rein in the significant power represented by AWRM. Doubtless the SEO won’t like it one bit.

At a confirmation hearing before the Senate, the State Engineer was lauded for his hard work at a tough job balancing interests. The various bills, including those that throw salt at AWRM, will test that delicate balance.

Cross-posted at El Grito