NM Ranchers Claim Victory In Water Rights Case

Ranchers southeast of Carlsbad, NM, are claiming victory in a legal battle over water rights along the Pecos River after a judge’s ruling last week.

Eddy County District Judge Ray Romero called on the New Mexico Office of the State Engineer to show cause for issuing seven “preliminary authorizations” to shift water rights from use for potash refining to sales to the oil and gas industry. Romero said the authorizations, which were issued without hearings or public participation, should be cancelled as “illegal” permits.

Ken Dugan, attorney for the Carlsbad Irrigation District, told the Carlsbad Current-Argus this meant the Office of the State Engineer must stop Intrepid Potash from pumping water from the Pecos River. “We are ecstatic he (Romero) upheld his ruling and did the right thing,” Dugan said.

The Denver-based Intrepid Potash had recently claimed ownership of about 35,000 acre feet of water rights along the Pecos, with 19,000 identified for consumption. Ranchers in the area south of Carlsbad said that move could completely drain the Pecos.

In response to the Intrepid Potash’s claims, the Carlsbad Irrigation District filed litigation intended to block Intrepid’s ownership of the water and seven “preliminary authorizations” granted by the Office of the State Engineer to change the point of diversion and manner of use of the water.

Potash is an ore extracted and used in a variety of household products, including makeup and fertilizer.

Carlsbad was the site of the first North American discovery of potash, and it remained a staple of the local economy in the years since.