The Española city council Monday night agreed “in concept” to receive 335.34 acre feet of water rights for the city of Red River. The council was guided in through the discussion and proposal by city attorney Frank Coppler, who started his presentation by stating his law firm also represents Red River.
According to a letter from Red River Mayor Linda Calhoun dated Oct. 12, 2012, the town of Red River has 933.6 acre-feet of water rights. She states the town used 299.92 acre-feet in 2009, 335.34 in 2010 and 435.47 in 2011, all exclusive of snow-making.
“You know New Mexico’s water rights are use it or lose it,” Coppler said.
He said in the 1966 adjudication of the Mendenhall water rights Red River received rights to 933.6 but 335 aren’t “perfected.” The town could lose those rights if it can’t prove use by May 2013.
To circumvent that situation, Red River would lease the rights to 335.34 acre-feet to the city of Española and pay all the legal fees and costs associated. The city could then lease those rights and keep any profit realized. Red River would still retain ownership.
Coppler warned there are a few negatives.
“There is a group in Taos against any water rights leaving the basin,” he said. “And this would all be subject to approval by the State Engineers Office.”
The city currently leases water rights to other cities and the Bureau of Reclamation at a rate of $48 per acre-foot per annum. At that rate if the city lease the Red River rights, it could bring in $16,096.
City councilor Peggy Martinez asked why Red River was coming to the city of Española instead of Taos or Angel Fire.
Coppler said the city has historically been in the water lease business.
City Public Works Director Marvin Martinez warned the city needed to keep the water rights out of its own water portfolio and it should not interfere with the city’s lawsuit with Ohkay Owingeh.
A motion was passed unanimously to proceed with negotiations and get to the next step after Red River has done much legal work, Coppler said.