To meet its future water needs, the Albuquerque Bernalillo County Water Utility Authority (“ABCWUA”) acquires pre-1907 Middle Rio Grande water rights from area irrigators. ABCWUA was created by the New Mexico State Legislature in 2003 as a joint agency to handle water and wastewater administration for the City of Albuquerque and the County of Bernalillo. The water right purchases were previously completed by the City of Albuquerque.
Since the Rio Grande Compact was signed in 1939, the river’s surface waters have been fully appropriated. In 1956, the Rio Grande Underground Water Basin was declared, and a requirement was established for groundwater appropriators to obtain surface water rights to offset effects on the river caused by their pumping. The New Mexico State Engineer established a policy in 2000 that requires acquisition of surface water rights prior to pumping.
Pre-1907 Middle Rio Grande surface water rights were purchased at administratively set prices between 1982 and 1994. In 1995, the City of Albuquerque was the primary entity acquiring municipal water rights for their area, but because the state engineer ordered a moratorium on dedications, the process through which rights were transferred to the city, the city had no acquisitions that year. Acquisitions resumed in 1996 under a policy that allowed its negotiators to offer market-driven prices.