Water Agreement Reached Between the Jicarilla Apache Nation, New Mexico Interstate Stream Commission, and The Nature Conservancy

The Jicarilla Apache Nation, the New Mexico Interstate Stream Commission (NMISC), and The Nature Conservancy (TNC) announced today a new agreement to lease water from the Nation to the NMISC.  As the western US is facing critical drought and water shortages are occurring throughout the Colorado River Basin, the Nation has worked with the NMISC and TNC to develop and implement this project.

This innovative agreement between a sovereign Tribal Nation, a Colorado River Basin state government, and a conservation organization will allow the NMISC to lease up to 20,000 acre-feet of water per year. This amount will benefit threatened, endangered, and sensitive fish and will increase water security for New Mexico.

“This first-of-its-kind project demonstrates how meaningful sovereign-to-sovereign cooperation, with support from environmental organizations, can lead to creative solutions,” said Daryl Vigil, water administrator for the Jicarilla Apache Nation. “This project should serve as a model for effective tribal collaboration and arms-length negotiations among sovereigns throughout the Colorado River Basin.”

The Jicarilla Apache Nation’s water rights provide access to water for the Nation to conduct cultural practices, provide drinking water to its community, and support economic development. The Nation subcontracts some of its water to users outside the Reservation. Subcontracts can be a source of income to help build the Nation’s economic self-sufficiency while providing water to others that need it.

For the last several decades, the Nation leased water to coal-fired power plants that are now facing closure. This transition presented a new opportunity for the Nation, the NMISC and TNC to work together.

“The Colorado River Basin’s tribal nations are among the most important leaders and partners in efforts to find lasting solutions to the pressing water scarcity and ecological challenges that face the millions of people who rely on this incredible river,” said Celene Hawkins, Colorado and Colorado River tribal engagement program director for The Nature Conservancy.

As many across the Colorado River Basin work to develop projects and solutions to address climate change and drought, the Nation, the NMISC, and TNC hope this innovative water sharing project can serve as a model for water sustainability within the basin. This project demonstrates that the Colorado River Basin’s tribal nations are important leaders and partners in crafting transformative water solutions across the West.

 “This agreement is unique for New Mexico as it creates a framework for sovereign-to-sovereign contractual agreements that support and benefit both sovereigns,” said Rolf Schmidt-Petersen, director of the New Mexico Interstate Stream Commission. “It may serve as an example for other Colorado River Basin states and tribal nations that have settled water rights to find collaborative solutions that benefit multiple interests and users of the San Juan and Colorado Rivers.”