Excess water keeps flowing in the Rio Grande while regulators debate legal options
The state's environmental agency is responding to a broad executive order by the Texas Agriculture Commissioner, telling Texans to draw more water from the Rio Grande. It comes at a time when floodwaters are flowing into the Gulf.
Thursday, Commissioner Sid Miller announced an executive order that water users had the "green light" to tap into the Rio Grande. The Texas Commission on Environmental Quality says, legally, the matter is more complicated.
The issue starts at two Mexican reservoirs just south of the Rio Grande. Summer rains caused the El Cuchillo Dam to reach 98.9 percent and the Marte Gomez Dam to reach 126 percent capacity. Officials in Mexico are now managing excess floodwaters along the Rio San Juan, which empty into the Rio Grande.
At a meeting Friday, stakeholders learned more water could come. Mexico is offering 125 thousand acre feet to the U.S. from its San Juan River, said Maria Elena Giner, commissioner of the International Boundary and Water Commission. Mexico is offering to release the water between January and September of next year "in a controlled manner" said Giner.
In response to Miller's order, TCEQ Commissioner Bobby Janecka said "Water rights on the Rio Grande are governed by the Texas government code and the TCEQ's regulations, including the authority of the Rio Grande watermaster. All water users along the Rio Grande should continue to comply with these requirements."
But stakeholders were less concerned with Miller's order and more concerned with the offer on the table from Mexico. Many of them echoed concerns that the water cannot be captured because the Rio San Juan empties into the Rio Grande south of Falcon Reservoir.
Farmers also said the release wouldn't work in relation to the state's water accounting system. Water allocations are added to the accounts of water holders when it reaches Falcon Dam.
"Functionally, our water accounting happens like a bank. Our bank is in Amistad and Falcon. Our system doesn't function the way that this offer supposes, in that if we accept credit below Falcon and Amistad, we have a hiccup of not being able to put those deliveries of water into the bank accounts," Janecka said.
Both commissioners Jackecka and Giner acknowledged difficulties involved in the offer. Janecka said changes to the current allocation system would need to come from a change in law.
Some farmers say they wouldn't be able to use it.
"Where it becomes challenging is for those users that don't have water in their account," said Giner. "It sounds like some of the cities might be able to use some of the 125 thousand acre feet."
Giner said she would take the feedback to the table again as she continues discussions with Mexico.