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Rio Grande Compact Commission

80th Annual Meeting

April 4, 2019

Alamosa, Colorado

The 103rd meeting (80th annual meeting) of the Rio Grande Compact Commission (Commission) was called to order at approximately 9:06 a.m. at the Rio Grande Water Conservation District Building, 8805 Independence Way, Alamosa, Colorado. In addition to Hal Simpson, chairman and commissioner for the United States, in attendance on the dais were Kevin Rein, commissioner for Colorado; John D’Antonio, commissioner for New Mexico; Patrick Gordon, commissioner for Texas; Craig Cotten, Colorado engineer adviser; John Longworth, New Mexico engineer adviser; Suzy Valentine, Texas engineer adviser; Chad Wallace, Colorado assistant attorney general; Chris Shaw, New Mexico Interstate Stream Commission (NMISC) New Mexico special assistant attorney general; and Priscilla Hubenak, Texas assistant attorney general.

Chairman Hal Simpson thanked the Rio Grande Water Conservation District, San Luis Valley Water Conservancy District, Conejos Water Conservancy District, and the Rio Grande Water Users Association for hosting the reception the previous night. He also welcomed John D’Antonio, the new state engineer and Rio Grande Compact commissioner for New Mexico, back to the Commission after his absence of a few years.

Commissioner Rein introduced approximately 30 people in attendance from Colorado, including water users, members of water districts, and interested attendees.

Commissioner Pat Gordon also thanked the San Luis Valley and Conejos Water Conservancy Districts, the Rio Grande Water Conservation District, and the Rio Grande Water Users Association for hosting the reception. He introduced Suzy Valentine, who replaced Curtis Seaton this year as his engineer adviser, and Priscilla Hubenak, his legal adviser.

Commissioner Gordon then introduced people from El Paso, Las Cruces, and the southern New Mexico area, including Art Ivey, Jesus “Chuy” Reyes, Maria O’Brien, Larry Ceballos, and George Brooks from the El Paso County Water Improvement District (EP1). Attending from Elephant Butte Irrigation District (EBID), were Dr. Phil King, James Narvaez, Greg Daviet, Mike McNamee, and their legal counsel, Samantha Barncastle Salopek. From the International Boundary and Water

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Commission (IBWC), Commissioner Gordon welcomed their new commissioner, Jayne Harkins, as well as Daniel Avila and Billy Finn.

Commissioner D’Antonio introduced his engineer adviser, John Longworth, and the legal adviser for New Mexico, Chris Shaw. In the audience, Commissioner D’Antonio introduced Greg Ridgley, general counsel for the New Mexico Office of the State Engineer (NMOSE), and Shelly Dalrymple, Brian Gallegos, Diego Anaya, Rolf Schmidt-Petersen, Page Pegram, Grace Haggerty, Terry McDill, and Cindy Stokes; and from the New Mexico attorney general’s office, Dave Roman (on contract from Robles Rael). From the U.S. Fish & Wildlife Service (FWS), he introduced Shawn Sartorius; from the U.S. Army Corps of Engineers (Corps), Lieutenant Colonel (Lt. Col.) Dale Caswell and John Drake, Ryan Gronewold, Reynalden Delgarito and Nabil Shafike. From the U.S. Bureau of Reclamation (Reclamation), he welcomed back Jennifer Faler, and introduced Yvette McKenna, Carolyn Donnelly, Brent Esplin and Sean Torpey. From the Middle Rio Grande Conservancy District (MRGCD), he introduced David Gensler and Jason Casuga, and from EBID, Mike McNamee, Phil King, James Narvaez, Greg Daviet, Samantha Barncastle, and Rett Salopek.

From the Bureau of Indian Affairs (BIA), Commissioner D’Antonio introduced Viola Sanchez, and from the U.S. Geological Survey (USGS), Jeff Cordova, Johnathan Bumgarner and Alex Graziano. Also in attendance were Tessa Davidson and John Utton for the City of Santa Fe, and Steve Zipper from SWCA Environmental Consultants.

The agenda for the 103rd meeting was approved by the Commission.

Chairman Simpson turned the meeting over to Craig Cotten to present the Engineer Advisers’ Report. Copies of the March 7, 2019 report were available at the meeting, and Craig Cotten reviewed portions that the engineer advisers thought were the most important for the record. A copy of the report is attached for the record.

Related to Compact accounting: The engineer advisers reviewed the streamflow and reservoir storage records and other pertinent data for the Upper Rio Grande Basin for calendar year 2018 and were unable to reach a unanimous consensus on the Compact accounting. The lack of unanimous consensus arises from a disagreement that began in 2011 amongst the engineer advisers on the release of credit water by Reclamation from Elephant Butte Reservoir in the late summer of 2011. As a result, the engineer advisers have not reached unanimous consensus on how to finalize the 2011 through 2018 Compact delivery tables for Colorado and New Mexico and for the release and spill from project storage table. For 2018, as in previous years, each of the engineer advisers developed accounting procedures described in their individual addenda which are not included in the Engineer Advisers’ Report.

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The engineer advisers made several recommendations to the Commission as follows: that the Commissioners direct the legal committee to review the Federal District Court ruling in the WildEarth Guardians v. U.S. Army Corps of Engineers case and to provide legal opinions on the implications and impacts, if any, to the Commission and to the Compact; that the Commission direct the legal committee to review Reclamation’s request to temporarily modify storage operations at El Vado Reservoir in spring of 2019 while under Article VII restrictions. Specifically, the engineer advisers requested that the legal committee be directed to investigate whether this type of operation can be accomplished in a manner that is in accord with Article VII provisions. A letter with this request was sent from the engineer advisers to the Compact Commission, dated March 7, 2019.

The Engineer Advisers’ Report was signed by Craig W. Cotten, P.E., the engineer adviser for Colorado; John W. Longworth, P.E., the engineer adviser for New Mexico; and Suzy Valentine, P.E., the engineer adviser for Texas.

Commissioner Gordon requested to add a supplement to the Texas addendum that, of the 314,520 acre-feet of water allocated to EP1, 202,102 acre-feet was carryover water from 2017 operations. Commissioner Gordon stated that this would not change the Engineer Adviser Report, just the Texas addendum.

The Engineer Advisers’ Report was approved by the Commission with the understanding that none of the addenda of the engineer advisers were being approved.

Commissioner Rein gave the report for Colorado, beginning with recognizing additional attendees from Colorado, including Bethany Howell, Steve Russell, Clinton Phillips, and Christi Bode. He then thanked the staff of the Division of Water Resources in Alamosa for all the preparation, including Craig Cotten, his engineer adviser and division engineer in Alamosa, and Chad Wallace from the attorney general’s office. Commissioner Rein also recognized Roberta Barela, Pat McDermott, Kip Canty, and Kevin Boyle, as well as Mike Sullivan, deputy director of the Division of Water Resources and deputy state engineer, who were in the audience. Additionally, he recognized and thanked Ruth Heide, reporter for the Valley Courier, who recently retired.

Commissioner Rein gave his report for the State of Colorado, affirming the positive water supply for 2019, backed by a good snow water equivalent (SWE) forecast. The northern part of the state was at 120 to 130 percent of average SWE, with 155 percent in the San Juan, Animas and La Plata river basins which have suffered the most in previous years. The Arkansas River Basin was at 140 percent, and the Rio Grande Basin was at 146 of average SWE. This would allow better recovery from 2018, giving reservoirs an opportunity to refill, recharging some of the soil moisture, while allowing more junior water rights to divert than last year.

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In the Arkansas River Basin, Colorado has created a permanent agreement for a new conservation pool for recreational fish and wildlife in the John Martin Reservoir, and in the Republican River Basin in the northeastern part of the state, Colorado has started rule making toward Compact compliance.

The year 2018 had the fourth lowest flows in the Rio Grande Basin on record at about 280,000 acre-feet, which is 44 percent of average, and the eighth lowest on record for the Conejos River at 129,000 acre-feet, or 56 percent of average. All the streams on the Upper Rio Grande Basin had very low streamflow in 2018, a near all-time low for annual streamflows on some of the streams in the Sangre de Cristo Range. Commissioner Rein also noted that the spring fire of 2018 was the third largest fire in Colorado history, with over 108,000 acres burned in the Sangre de Cristo Mountains. This created a potential for severe flooding due to the impacts on the watershed and its reaction to precipitation. Looking ahead to the 2019 water year, significantly above-average flows have been predicted for all streams from the Rio Grande Basin. The current forecast for the Rio Grande mainstem is 125 percent of average and 135 percent for the Conejos system.

Commissioner Rein next discussed the groundwater issues in the basin. The new Colorado Rio Grande groundwater rules rely on the Rio Grande Decision Support System groundwater model to determine impacts to the surface-water users due to groundwater pumping. There was a 13-day trial in January and February of 2018, and the Division 3 Judge Pattie Swift approved the rules on March 15, 2019. There will be a phase-in period of two years for all the well owners to begin replacing depletions. Most well owners will begin replacing depletions prior to that two-year period. Subdistrict No. 1 is in its eighth year of operation, and another six subdistricts have been formed. The alluvial subdistrict, which is Subdistrict No. 2, and the Conejos subdistrict, which is Subdistrict No. 3, will begin operating on May 1, 2019, and the other subdistricts are close to finalizing their plans of water management and expect to begin operating next May. Water users have been very diligent and proactive in progressing their plans, and they are very optimistic about their operations in the next two years.

Commissioner D’Antonio opened the report for New Mexico by recognizing the work of the State of Colorado staff to prepare for the Rio Grande Compact Commission meeting and reception the night prior. He thanked them for doing a great job and thanked the San Luis Valley Water Conservancy District, the Rio Grande Water Conservation District, the Rio Grande Water Users Association, and the Conejos Water Conservancy District for their sponsorship of the reception.

Commissioner D’Antonio stated that it was an honor to represent New Mexico as the Rio Grande Compact Commissioner after returning from seven-and-a-half years of work with the Corps of Engineers. He also recognized that the Corps of Engineers is a great organization and that it was

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very challenging work helping to run the Albuquerque district and working with the San Francisco and Atlanta regional offices.

A brief review of the calendar-year 2018 hydrology and the water outlook for 2019 was provided by Commissioner D’Antonio. The 2017-2018 winter saw some of the lowest snowpack on record. Snowmelt runoff within the Rio Grande Basin in New Mexico was extremely low, but monsoon activity within the basin was about average for 2018. The Otowi Index Supply for 2018 was 312,000 acre-feet compared to more than 1.25 million acre-feet in 2017. The 2018 Otowi Index was the third lowest ever recorded. New Mexico’s delivery obligation to Elephant Butte for 2018 was 178,100 acre-feet, with an actual delivery of nearly 184,200 acre-feet. New Mexico began 2018 with an accrued debit using New Mexico’s and Colorado’s accounting method, and at the end of 2018, New Mexico had overdelivered by about 6,000 acre-feet. Article VII storage restrictions were lifted from January 1 through late May of 2018, at which time the restrictions went back into effect when usable water in project storage fell below 400,000-acre-feet.

Inflow into El Vado Reservoir during 2018 was less than 25 percent of the long-term average, and with such a low volume, there were significant water supply shortages for native water users. The MRGCD ran out of stored native water by June 27 and relied on San Juan-Chama Project (SJCP) water from June 28 through August 31, when their supplemental irrigation releases stopped for the season.

For the current water year, the 2019 outlook was good news. The Otowi gage was at 142 percent of normal, and the water supply forecast showed projected snowmelt runoff well above average. The streamflow forecast for inflow to El Vado Reservoir for March to July was 250,000 acre-feet, or 111 percent of average. Native flow at Otowi for the same period was projected to be 755,000 acre-feet, or 105 percent of average. Although the MRGCD exhausted its storage in 2018, they will likely be able to store native through relinquishment credits and storage during the 2019 snow melt runoff when the system is out of the Article VII provisions. It is anticipated that this will lead to an average irrigation season for the conservancy district.

Relating to the endangered species issues, Commissioner D’Antonio concluded with a brief update on the work that New Mexico is doing to assist in addressing endangered species and the FWS 2016 Biological Opinion (BO) for operations in the New Mexico portion of the Rio Grande Basin. Since early 2000s, NMISC has proactively invested over $20 million in projects that address endangered species issues, including constructing habitat and cooperating on water management and operations in the New Mexico portion of the Rio Grande. The NMISC will continue this proactive approach to work with federal agencies and the MRGCD on compliance and implementation of commitments in the 2016 BO.

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Given the 2018 hydrology, water operations were closely monitored and coordinated between many entities to minimize river drying. However, a critical metric in the BO is the October silvery minnow densities, as reported by the FWS were very low. The 2016 BO allows for one additional year of fish densities this low during the 15-year span of the BO. Another requirement for the 2016 BO is the Lower Reach Plan being implemented by Reclamation. NMISC staff has reviewed and contributed to this plan and will continue to work with Reclamation’s implementation of the plan to address concerns over how depletions will be offset and to ensure all requirements of the Compact are met.

At the annual meeting of the engineer advisers to the Rio Grande Compact Commission, the New Mexico engineer adviser requested that Reclamation store 400 acre-feet of relinquishment credits, which is water allocated to the NMISC to help supplement flows in the Middle Rio Grande Valley in accordance with New Mexico’s commitments in the 2016 BO. In addition to these efforts, New Mexico continues to support allowing temporary modification of operations at El Vado Reservoir when Article VII restrictions are in place.

The 2019 snowpack and streamflow forecasts were at or just above average, so modified operations may not be needed. However, having the flexibility to temporarily modify El Vado operations when Article VII restrictions are in place may be beneficial. Commissioner D’Antonio also asked the Chairman to reserve New Mexico’s right to review and provide comment to the addendum from the Texas Commissioner.

Commissioner D’Antonio also thanked Commissioners Gordon and Rein for a productive conversation the previous evening. He was optimistic that could settle their past differences that have led to the current interstate litigation. Commissioner D’Antonio stated that he wanted to continue that dialogue and that another meeting has been scheduled. He then concluded his remarks.

Commissioner Pat Gordon gave a report for Texas beginning with thanking the engineer advisers for their hard work and report. He noted that 2018 was a very lean year, hoping that 2019 would be much better. He also thanked the two districts, EP1 and EBID, for their continued operations of the project in an efficient manner under the 2008 Operating Agreement (OA), which he supports.

Regarding the 2008 OA, Commissioner Gordon mentioned that without the operating agreement, there wouldn’t have been over 200,000 acre-feet in the project in 2018, and that it helps the overall project operations in general. Even though it is not a huge amount of water, Commissioner Gordon stated that his issues concerning the Bonita Lateral are still outstanding, and he would like them to be addressed at some point.

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Commissioner Gordon expressed unease about the New Mexico Copper Flat Mine since there has been an appeal of the decision to approve one or more of the permits. Texas strongly objects to this copper mine for two reasons that relate to the quantity and quality of water. The mining permit is an additional diversion on the river which Texas objects to because the supplemental water for the permit is not appropriate or sufficient. Texas also objects to the water quality issues with this permit, especially with tailing ponds in an arroyo upstream of Caballo. He stated that there are too many people depending on this water, and Texas does not support the mine.

Commissioner Gordon also stated a concern about removing sediment from the river. He would like to see the river be more efficient and looks forward to working with the IBWC on those issues. He indicated continuing concerns about the Caballo storage levels which he has previously voiced to the Reclamation to ensure that the operations are run as efficiently as possible. Lastly, Texas supports the temporary operations in El Vado to help with flexibility in the environmental efforts, and he would like to work with New Mexico on those issues.

Welcoming Commissioner D’Antonio back to the Commission, Commissioner Gordon stated that he is looking forward to continuing a productive dialogue to resolve their issues.

Moving on to the federal reports, Jennifer Faler gave a report for Reclamation about their 2018 activities and plans for 2019.

For 2018, there was an 89 percent allocation for the SJCP. Fortunately, there was some water from 2017 that was available for allocation, since more water was allocated in 2018 than inflows. There was 34,377 acre-feet of inflow, which is the third lowest on record.

In the Middle Rio Grande (MRG), Reclamation is the lead agency on the 2016 BO, and 2018 was a difficult year for the Rio Grande silvery minnow. The 2018 runoff was small and, despite the many positive actions by the BO partners, resulted in an October density of 0.09 fish per 100 square meters (m2) at the standard 20 monitoring sites (compared to 21.56 fish per 100 m2 in 2017). This is year four of the 2016 BO.

Reclamation has completed the Caballo weather station upgrades for the Rio Grande Project, and they are working on the communication to provide the information online. There was a 60 percent allocation for 2018, and the irrigation season was from March 16 to September 29.

Ms. Faler then presented an operations chart for El Vado Reservoir showing that 2018 was one of the lowest years on record but was not as bad as originally thought. There was a good rain-on-snow event in April that added about 4,500 acre-feet. About 50,000 acre-feet was forecasted but closer to 70,000 acre-feet was realized.

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As previously mentioned by the commissioners, Reclamation’s Modified Operations Request for El Vado was sent in March. Ms. Faler stated that it may not be needed this year, but that is not known at this time since the weather can change drastically. Reclamation is concerned about having the flexibility to affect the peak flow through the Middle Valley for endangered species purposes. Ms. Faler also stated that there was concern about delaying getting out of Article VII if they were to hold water unnecessarily.

Looking ahead to 2019, Ms. Faler stated that the snowpack is looking great, with the March to July streamflow forecast estimating 250,000 to 300,000 acre-feet, compared to the 50,000 to 70,000 acre-feet inflows in 2018. Last year was focused on just survival of the silvery minnow and minimizing drying, but this year they can focus on spawning and recruitment. They want to create as many minnows as possible with the water this year. With such a short-lived fish, every year is important. They expect to have a Rio Grande Project allocation in April and will have several public meetings in April.

For the SJCP in 2019, Reclamation did not have an initial allocation this year and are expecting an allocation in April of about 2,500 acre-feet. They will continue to allocate throughout the year as water becomes available and are hopeful for a full allocation by the end of December. Diversions this year began on March 17 because the winter flow conditions were only enough for a mandatory bypass due to frozen conditions. Reclamation is expecting inflows into Heron Reservoir to result in a full yield of the project, which is about 96,000 acre-feet before evaporation losses.

Reclamation was asked to address the potential development of a sediment plug which are rare. There have been about five sediment plugs in about the last 30 years; however, it was a focus for this year since there was one in 2017. Reclamation understands the urgency of the Commission and the states to mitigate the impacts of a potential plug as soon as possible and assured the Commission of Reclamation’s mission to deliver water in an environmentally and economically sound manner.

Other than Reclamation’s river maintenance program, other priority construction projects included working with the MRGCD on the San Acacia Diversion Dam apron stabilization. The project would not only stabilize the concrete apron but may also be good for fish passage to give the minnows a safe route to be able to get up to the dam. The project is complete today, and there is about a 10-percent slope of riprap along the entire width of the diversion dam. Early indications are that the minnows can navigate up it. Ms. Faler also described the tag studies to monitor their movement to see how the dam is affecting them, so they can continue to make improvements for fish passage.

Ms. Faler noted that the accuracy of the Elephant Butte Reservoir elevation gaging station has been challenging due to the low water levels. The gages were not designed to operate well with

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such a low head, and Reclamation has been using manual surveys to check the data. They have also been working with the USGS and have deployed other equipment to provide a backup and other ways to check the readings. She also mentioned that Reclamation was planning to deploy a floating evaporation pan. Other places using the technology are Cochiti Reservoir and Lake Powell. They are also including a pressure transducer to get real-time elevation of the reservoir.

For the San Luis Valley Closed Basin Project (Closed Basin), Ms. Faler pointed out some highlights of their activities to increase the project efficiency. They are looking at a variety of options including re-drilling, using glass beads, and different well packings. Concerns of the division manager, Russ Plummer, to adequately maintain the Closed Basin at the current levels were mentioned. The operation and maintenance funding has become very competitive within the agency.

They are also going to be initiating a Lower Reach Project programmatic planning effort from San Acacia downstream through Elephant Butte Reservoir. This would gain additional efficiencies in delivering water through the reach, in conjunction with increased habitat and better management of species through the entire reach. The low-flow conveyance channel experienced sediment plugs causing overbank flooding, ultimately resulting in depletions. Reclamation has asked NMISC to be partners in developing the program.

For this irrigation season, June 1st has been tentatively planned as a start date for the Rio Grande Project. Reclamation is also planning to install flow meters in the Caballo Dam outlet works which will provide better flow measurements of the release rather than using the cable way and existing technologies. If the Commission agrees to help with the cost, it would increase the efficiency of the system in the future.

Commissioner D’Antonio commented that he appreciated Reclamation’s efforts at transparency and cooperation and their support of the Water Salvage Cooperative Program. The projects are important in New Mexico’s ability to meet its Compact delivery obligations. He also thanked Ms. Faler for Reclamation’s Lower Reach planning activities and daily water operations that provide data and methods for computing allocations for the Rio Grande Project. He stated that New Mexico wants to participate in the Middle Rio Grande Basin Study and expects that they will focus on constructive approaches to evaluate future conditions. Regarding the BO, Commissioner D’Antonio expressed concerns about potential increases in depletions within that reach during the implementation and long-term operations. He wanted to make sure that Reclamation was still committed to offset any increase in depletions due to the project.

Ms. Faler responded that Reclamation was committed to offset any increase in depletions. Commissioner D’Antonio then committed to make his staff available to work through the details and requested that his staff be able to review the redesign of the river realignment project. Ms.

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Faler stated that the redesign was complete, and the revised estimated depletions for New Mexico would be provided as soon as possible. Commissioner D’Antonio stressed that the Reclamation project needed to be complementary with the largest water salvage project, the Elephant Butte Delta Channel Project.

Commissioner D’Antonio stated that the Commissioners had received the March 18 letter from Reclamation requesting a resolution to conduct modified operations at El Vado. He wanted to make sure it was on the record that given the latest forecast, was there any advantage to approving a modified operation this year? Ms. Faler responded that they were not anticipating a need for that. Commissioner D’Antonio said he was aware that conditions could change, but that New Mexico has requested that Reclamation and the MRGCD store 400 acre-feet of NMISC’s allotment of relinquishment credit this year for the 2016 BO administration. Ms. Faler stated that they anticipate being able to do that, but they don’t assign the water until May. She noted that New Mexico had the same request last year, but Reclamation was not able to store the water.

Commissioner D’Antonio asked if Reclamation had any discussions regarding Compact Article VII storage restrictions and timing for 2019. Ms. Faler responded that she did not know that Reclamation asks the districts when they plan to start and delivers water based on the districts’ needs. The Commissioner was wondering what other factors affect the lifting or duration of the restrictions. Ms. Faler said that Reclamation did not want to try to influence the timing of the district’s operations since they have other stakeholders both upstream and downstream, including the Compact considerations.

Commissioner D’Antonio made the point that he was still concerned that for seven and a half years, the continued use of Method 1 for accounting purposes has impacted New Mexico’s storage. He then asked if Reclamation had settled on a preferred alternative for the El Vado Dam and Spillway Project improvements. Ms. Faler answered that they had not settled on a preferred alternative, but they have narrowed it down and expect to start the National Environmental Policy Act process this year. They are planning to give presentations to stakeholders on what the plans are for El Vado and how they are addressing the impacts. They have not engaged with anyone yet regarding El Vado, nor have they begun the impact analyses. Commissioner D’Antonio offered his staff to work closely with Reclamation on the alternatives being considered and other concerns.

He then asked if Reclamation had any concerns about, or had prepared for, potential high flows expected in 2019 due to snowmelt or for the increased probability of sediment buildup in the Bosque del Apache National Wildlife Refuge (BDANWR) area. Ms. Faler responded that they planned to handle the sediment conditions the same way as two years ago. This response included aerial monitoring of the river and having people on the ground. She stated that Reclamation’s responsibility was when the river is below the ordinary water line and that the MRGCD, the Corps,

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and others are responsible for the levees and responses during high flow events, adding that Reclamation is available to help when called on in emergency situations. Commissioner D’Antonio stated that the NMISC can contribute funds through the Water Salvage Cooperative Program.

Regarding vegetation management at Elephant Butte, Commissioner D’Antonio said that last May, Reclamation had made a commitment to the engineer advisers to develop an enhancement plan at Elephant Butte and Caballo reservoirs. He asked what the status was of the plan and when it would be submitted. Ms. Faler answered that their funds were limited in that area and that it had not been on her radar. She would need to follow up on this topic. Commissioner D’Antonio stated that they were going to work with FWS on the plan and would like her to check on that as well.

Commissioner Gordon reiterated Commissioner D’Antonio’s concerns regarding the sediment plugs and river flows and stated his appreciation for Reclamation’s efforts. Commissioner Gordon then asked if Reclamation had met with the irrigation districts about Caballo storage. Ms. Faler said they had a meeting scheduled in April, at which time they could discuss their projections for Caballo. Commissioner Gordon mentioned that the districts were concerned about the evaporation in the reservoir since it impacts project operations.

Commissioner Gordon also asked about the SJCP releases which go through Abiquiu Reservoir and join native Rio Grande waters around Española before crossing the Otowi gage and flowing downstream to various MRG projects. He asked if the conveyance losses were calculated on SJCP water when it comes down above the gage. Ms. Faler answered that they were, and the loss rates were evaluated in 2012. Carolyn Donnelly added that Reclamation did a re-study because the previous loss rates for movement from Cochiti to Elephant Butte were with the low-flow conveyance channel in operation and that re-study was for movement of water from Cochiti to Elephant Butte. There are also set loss rates for San Juan-Chama flows upstream of the gage that were established when the Upper Rio Grande Water Operations Model (URGWOM) model was created in the early 2000s.

Ms. Faler added that all the project operations are built into the model, and all the conditions using the RiverWare platform were created by the USGS. The Corps of Engineers has a contractor, and the USGS leads a work group consisting of all the users of this interagency model that meets monthly and looks at ways to improve the model. The group makes recommendations on where to spend the resources to make the model better each year.

As far as the San Juan-Chama loss rates, in 2012-2013, Reclamation analyzed 20 years of data. The analysis was approved by the Commission at their 2013 meeting in early 2014. Loss rates are dependent on the month of the year, the duration of the San Juan-Chama release, and the native flow at the time. They work very well for average conditions. However, when there are

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higher native flows, the San Juan-Chama flows are probably paying more in losses than they really get, and during lower flows, the native water is taking higher losses than the San Juan-Chama water. The Compact requires that San Juan-Chama releases do not affect the native flow at Otowi, and at the time, using a set of losses rates for different flow conditions was considered to be the best way to calculate it.

Commissioner Gordon then asked who maintained the model code and related documents. Ms. Donnelly replied that it was mainly the technical team including the Albuquerque District Corps and their contractor. Some of the accounting methods, such as those for Heron Lake, are hard-coded into the RiverWare model. Documentation for RiverWare can be found online via the Center for Advanced Decision Support for Water and Environmental Systems (CADWES), the arm of the University of Colorado at Boulder, which is the original developer. Ms. Faler stated that Reclamation runs the model daily. Ms. Donnelly added that the technical team has now extended the model all the way from the headwaters to Fort Quitman.

Commissioner Gordon asked if this model was used for native Rio Grande water losses or conveyance losses. Ms. Donnelly said those were based on the gage flows, but they are also in the model. Commissioner Gordon asked if losses for the native Rio Grande water and the SJCP water were calculated the same way and borne equally.

Ms. Donnelly responded that they compare gaged flows to the modeled flows at different locations. The losses are not quite assessed proportionally due to the complexity of the situation. Ms. Faler pointed out that there was a 2013 memo describing the process and any other pertinent information which they could provide to the Commissioner. Commissioner D’Antonio suggested that the engineer advisers do a presentation on this topic for any commissioner who was interested. Ms. Faler said she would send the information to the engineer advisers for this purpose.

After a short recess, Lt. Col. Dale Caswell gave a report and presentation for the Corps. He introduced John Drake, the deputy district engineer for planning programs and project management, Ryan Gronewold, chief of planning branch, Nabil Shafike, chief of water management, and Ray Delgarito, Rio Grande Basin manager. Lt. Col. Caswell then provided a broad overview of the Albuquerque District authorizations and specific programs, activities, and issues within the Basin. He also presented the current model projections for spring runoff flows on the Rio Chama and MRG valley.

Lt. Col. Caswell stated that the District has four general investigation or feasibility studies ongoing. These include the MRGCD levee project from Albuquerque to Belen which is scheduled for completion in February of 2020. In addition, there is the feasibility study for the Española Valley, Rio Grande, and tributaries to conduct investigations related to the ecosystem restoration and recreation features along the Rio Grande and Rio Chama. This study was authorized

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for construction in the 2018 Water Resources Development Act. Local sponsors are the pueblos of Ohkay Owingeh, San Ildefonso, and Santa Clara. A Chiefs’ Report was submitted to the authorization committees in the House and Senate in 2018.

The Northwest El Paso Project is a feasibility study investigating flood risk management measures related to flooding from arroyos near Canutillo in the northwest area of El Paso that complementing the IBWC flood wall and levee project. The analysis of the existing conditions was completed in 2015, and the analysis of an array of alternatives and selection of the recommended plan is scheduled for completion in early 2019. Completion of the study is planned for 2021, depending on funding.

The Sandia to Isleta Pueblo Ecosystem Restoration Study is a large-scale study evaluating restoration measures from the Pueblo of Sandia south through Albuquerque to the Pueblo of Isleta. The MRGCD is the sponsor for the study, which is scheduled for completion in 2019. This study was done under the authority of the Rio Grande Environmental Management Program, which was not reauthorized under the America’s Water Resources Infrastructure Act (AWIA) of 2018 and will sunset in September of this year.

Finally, the Tribal Partnership watershed assessments were underway and scheduled to be completed with tribal partners at Acoma, Santa Ana, San Felipe, and Santo Domingo, while Zia Pueblo is scheduled to be completed in 2020. Santa Clara was completed in September 2018. These watershed assessments will provide watershed management plans for use by the tribal governments.

The Continuing Authorities Program includes nine legislative authorities for flood risk management, ecosystem restoration, and navigation that allow the Corps to plan, design, and construct projects of limited size, scope, cost, and complexity without additional specific congressional authority. Four programs under Section 205, which are the small flood risk management projects, are from north to south: Santa Clara Creek levees and flood walls, Cochiti levee along Peralta Creek, levees for the town of Bernalillo, and flood control alternatives for the town of Hatch, New Mexico.

There are also projects to construct a small dam on Spring Canyon Arroyo and the ecosystem restoration efforts at the Las Cruces Dam. The Corps is monitoring the performance of the restoration projects and implementing adaptive management measures. Finally, the El Paso Rio Bosque Wetlands Section 206 is a feasibility study to investigate ecosystem restoration measures in the El Paso Rio Bosque Wetlands Park in El Paso, Texas, scheduled for completion in 2019.

Lt. Col. Caswell then discussed the ongoing construction projects including the Middle Rio Grande Restoration Project to restore the Rio Grande Bosque in the Albuquerque area, detailing the

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construction of recreational features, such as trails, interpretive kiosks, and canoe launches. The local project sponsors are the MRGCD, Santa Ana Pueblo, and the City of Albuquerque. Post-project monitoring and adaptive management are ongoing. Construction of Phase 2, approximately 300 acres, was completed in 2017, and select recreation features were completed in 2018. The Corps is conducting monitoring to gauge the success of these restoration measures.

The Corps also is part of a Collaborative Program involving 16 current signatories authorized to protect and improve the status of endangered species along the MRG while also protecting existing and future regional water uses. The Corps provides planning and administrative support of the program, participates in all working groups, and serves on the executive committee and the coordination committee. In 2018, the Corps received over $2.1 million in appropriations for Collaborative Program projects and activities. This funding enabled the program to conduct water management projects, water quality management projects, monitoring and adapting management projects, and program management projects.

The Lt. Col. also provided information on URGWOM, the Upper Rio Grande Water Operations Model. The RGCC benefits from the use of URGWOM’s accounting functionality when developing the annual water accounting reports for the Rio Grande Basin. During 2018, the Corps conducted model training sessions for the water users in El Paso area. In fiscal year 2018, the Corps received $1.3 million in appropriations for the URGWOM project activities.

Finally, related to the projected water operations for 2020, Lt Col. Caswell reported that March was a good month for the snowpack. Based upon preliminary annual operation plans developed using URGWOM and the Natural Resources Conservation Service’s (NRCS’) March 1st runoff forecast, the Corps is anticipating a high probability of flood control operations at Abiquiu Dam. The March NRCS 30-percent forecast predicts an above-average runoff in the Rio Chama Basin, with the El Vado Reservoir inflow forecast to be 295,000 acre-feet, or 130 percent of average for the March through July period.

The March through July forecast volume for Rio Grande at Otowi Bridge is 900,000 acre-feet, or 125 percent of average. For Abiquiu Dam and the Rio Chama, the Corps is projecting that flood operation is expected to occur for six weeks with sustained flows of 1800 cubic feet per second (cfs) below the dam. At Cochiti Dam, the reservoir releases could peak at 5,000 cfs and stay above 4,000 cfs for about 6 weeks during the spring runoff. There were no flood operations at both Abiquiu and Cochiti during 2018. With that, the Lt. Col. completed his report.

Commissioner D’Antonio thanked the Corps for their efforts in water operations and management during the difficult 2018 season. He stated appreciation for the Corps’ efforts in refining and updating the URGWOM model and providing ongoing training and support for the

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NMISC staff in use of the model. He asked for an update on the progress of the new AWIA, directing the Corps to conduct modified operations of the Cochiti Reservoir.

Lt. Col. Caswell responded that the AWIA Section 1174 gave the Corps approval to pursue a temporary deviation at Cochiti if approved by the RGCC and Santa Ana Pueblos. At this point, they do not have implementation guidance from the Corps headquarters, but expect to have that soon, and then they would have a better idea of the details for coordination with both the Commission and other stakeholders.

Commissioner D’Antonio requested an update on the status of the Española, Rio Grande and Tributaries Habitat Restoration Project with the Ohkay Owingeh and Santa Clara Pueblos. Specifically, he wanted to know if the Corps was making sure that the project addresses state water law and Rio Grande Compact issues, and the depletions associated with that particular project. Lt. Col. Caswell responded that they understand the requirements for offset of the depletions associated with this and our other restoration projects, but the Corps had not received funding yet. Once they have received the appropriations which is expected in 2020, the Corps would move to detailed planning, engineering, and design, and there will be coordination as required on the depletions.

Lastly, Commissioner D'Antonio asked if there were any steps that the Corps could take to ensure the temporary ability to store native water in Abiquiu during construction activities at El Vado. Lt. Col. Caswell stated that the Corps does not have authorization for storage of native waters in Abiquiu Dam. He encouraged Reclamation and other stakeholders to continue to work to get Congressional authorizations to allow the Corps to store water in Abiquiu.

The next presentation was provided for the BIA by Viola Sanchez, the designated engineer for the BIA, who works with the six MRG Pueblos and the MRGCD for water deliveries, etc. She stated that the BIA has continued to work with the six pueblos to improve irrigation efficiencies with funding from the BIA, Reclamation, and the NRCS. They try to retire some of the highly inefficient earthen ditches by replacing them with either concrete-lined ditches or pressure pipe systems.

There have been no discussions in 2018 about requests by the pueblos to carry over stored water in El Vado for possible use for Prior and Paramount (P&P) or other water operations, and she did not think the subject would come up again during this administration. There has not been an executive order related to the BIA’s coordination with tribes and pueblos on water issues.

As for operations in 2018, the final storage amount for P&P was 45,495 acre-feet, including evaporation losses. None of the storage took place during the time that Article VII Compact restrictions were in place. The amount was extremely high in 2018 due to anticipated very low

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spring runoff and was the highest amount she knew of that was ever stored for P&P. Ms. Sanchez provided a copy of the spreadsheet showing the target including the evaporation losses. It also showed storage of 183 acre-feet for May, over 15,000 for June, and 14,000 for July of the spring runoff. The storage in August and September was in case there was a shortfall from the monsoon season.

Unused P&P storage at the end of each month was re-designated for general MRGCD use. In 2018, MRGCD had sufficient non-P&P storage to last most of the irrigation season.

The operations for 2018 were similar to years 2002 and 2003. Ms. Sanchez described the difference between doing P&P operations and P&P-Only operations. The P&P-Only operations occurs when the rest of the MRGCD non-P&P lands are cut off from irrigation, and they are only providing irrigation to the P&P lands, which did not happen until about September 1st in 2018. Therefore, the P&P operations are concurrent with regular MRGCD operations until they run out of stored water for everyone else, they then continue the P&P operations with deliveries only to the P&P lands. Ms. Sanchez provided a table that showed in early spring, from March to late April, the native flow of the river was sufficient for all non-P&P and P&P use so there were no reservoir releases from their stored supplies.

The BIA exchanged native P&P for San Juan-Chama water for the MRGCD. Reclamation was not involved as it was internal between the MRGCD and the six pueblos. This allowed the MRGCD to go through the native water first and then cover the P&P with SJCP water. There was a written agreement on June 6 between the Pueblos and the District to exchange that native water for San Juan-Chama water. The District agreed to hold in reserve an amount of SJCP water in the amount needed by the P&P lands. This situation was particular to 2018 and should not happen in 2019.

Ms. Sanchez also described what the BIA calls "newly reclaimed lands," which share the same priority for delivery of water as District lands. She explained how they deliver water to Pueblo P&P lands without delivering to the Pueblo newly reclaimed lands.

Ms. Sanchez also described how they keep the pueblos irrigating only their P&P lands and not their newly reclaimed lands. The pueblos are delivered a volume of water, during a certain period of time, commensurate with their P&P water rights. The pueblos can administer it however they like. If they irrigate past their P&P acreage, they will run out of time to irrigate the rest of their land.

As for BIA water operations for 2019, using the March 1 forecast, the P&P storage is 14,345 acre-feet, including about 500 acre-feet of projected evaporation losses at El Vado. The storage of native water in El Vado began January 1. By mid-March there was enough water in storage to cover that amount.

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In 2019, the main difference, as compared to 2018, is that Article VII restrictions were in force when P&P storage took place. This meant that the monthly re-designation of unused P&P water for general MRGCD use will not take place in 2019 because that water was stored during Article VII restrictions. If there is unused P&P water at the end of the year, it will be released to the river in November or December because it was stored during Article VII restrictions.

Commissioner D’Antonio asked if trading San Juan-Chama water for the P&P water was handled through the state engineer. Ms. Sanchez responded that the trade was strictly between the MRGCD for their allocation and the tribes. As such, it was an agreement that the District would use SJCP water to cover the P&P needs so that they could release native water first. BIA and Reclamation were not signatories to that agreement. Commissioner D’Antonio requested more transparency with the Commission on something along those lines, at least some informed consent or similar.

Shawn Sartorius gave the report for FWS. He is the acting field supervisor for the New Mexico Ecological Services Field Office and was standing in for Susan Milsap. The report began with the Rio Grande silvery minnow, saying that 2018 was a low year. It was estimated that there were about 0.1 fish per 100 m2 in the MRG. The abundance of silvery minnows each year is related to runoff and spring runoff in particular. They would anticipate that there will be better runoff in 2019 and that populations will rebound. The fluctuations were anticipated in the BO.

The Southwestern Native Aquatic Resources and Recovery Center and the Uvalde National Fish Hatchery produced more than 146,600 silvery minnows and about 126,000 minnows were stocked in the lower Rio Grande. They also rescued more than 71,000 silvery minnows from river drying. The New Mexico Fish and Wildlife Conservation Office stocks, monitors, and rescues Rio Grande silvery minnows in the MRG, while the Texas Fish and Wildlife Conservation Office stocks and monitors Rio Grande silvery minnows in the Big Bend National Park area. They will continue to evaluate future efforts with silvery minnow population in the Big Bend area as recruitment and recapture rates have been low. There is not a set time frame for a final decision, but they will seek input from stakeholders.

Moving on to the endangered Southwestern willow flycatcher, Mr. Sartorius stated that the population size was estimated to be a total of 443 territories throughout New Mexico in areas surveyed along the Rio Grande, which is the third largest population range wide. This total includes 84 territories from Caballo to El Paso and 22 territories in the BDANWR. About 63 percent of all the territories were located in the historically flooded portions of Elephant Butte Reservoir. In 2018, the nest success rate in the MRG was 47 percent compared to 25 percent in 2017. The population south of Elephant Butte Dam is anticipated to increase. All areas of Rio

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Grande which were occupied by Tamarisk leaf beetles are experiencing defoliation where saltcedar occurs, including in nesting areas for Southwestern willow flycatcher.

For the threatened Yellow-billed cuckoo, in 2018, the population size was estimated to be 139 total territories for all surveyed areas along the Rio Grande in New Mexico, with 552 individual detections observed. New Mexico has the third largest population range wide. The largest concentration of territories/detections was observed in the San Marcial/Elephant Butte Reservoir area with 49 territories and 193 individual detections. Various projects are underway to model the cuckoo habitat and determine habitat utilization. They plan to re-propose critical habitat designation around August of 2019, and the proposal will then be open for comment. In 2018, FWS received a petition to delist the cuckoo based on the petitioners’ opinion that the original listing of the species was in error. They reviewed the petition and determined that a 12-month finding is warranted. They are now reviewing the original listing and new information, which is now available to determine if listing of the species is still warranted.

Photographic monitoring of the New Mexico meadow jumping mouse was conducted on the BDANWR during June through October of 2018. Jumping mice were photographed in 22 visits at 12 locations in several of the moist-soil management units on the BDANWR. Working with others, refuge staff have developed and are implementing a standardized inventory and monitoring. They are also working on a five-year habitat management plan for the jumping mouse on the refuge.

In March 2016, FWS received petitions with substantial information indicating that listing of Rio Grande chub and the Rio Grande sucker may be warranted. In September of 2018, the states of New Mexico, Colorado, Texas, and the Jicarilla Apache Nation, the Pueblo of Santa Ana, several Colorado counties, as well as the U.S. Forest Service, Bureau of Land Management, National Park Service, FWS, and others completed a conservation agreement seeking to reduce threats and conserve these fishes. The goal is to ensure the long-term viability of the chub and sucker by characterizing all populations and habitat and to secure and restore these populations and their habitat from the identified threats using coordination, data sharing, outreach efforts, and watershed management. The chub and sucker are currently on the FWS 2024 work plan for completion of the analysis.

In 2018, the FWS’s New Mexico field offices, ecological services and fisheries staff, worked with Reclamation and other partners to plan and implement the 2016 BO. They also worked on the San Acacia Dam Diversion fish passage criteria; the Lower Reach Plan, including the river realignment pilot and other projects on the BDANWR; an adaptive management framework in part for testing and refining the FWS’s hydrobiological objectives; monitoring and

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research of flycatchers and cuckoos; and augmentation of silvery minnows and improvement of their habitat.

For 2019, based on surface water projections, the FWS anticipates a moderate year for silvery minnows, which would be much improved over the previous year. They will continue to support implementation of the 2016 BO, and to monitor, rescue, and augment silvery minnows in the MRG. In the BDANWR, they will continue to implement the jumping mouse plan, and their refuges are focused on habitat restoration projects for the coming year.

Commissioner D’Antonio thanked Mr. Sartorius for the update on the jumping mouse and asked if there is a strategy for the wetted habitat for the mouse. Mr. Sartorius responded that the BDANWR plans to use its existing water rights and land management to maintain, increase, and improve habitat for the mouse, and they are completing their five-year plan for mouse management now.

Commissioner D’Antonio asked if there is any advantage to storing water for modified operations at El Vado from the FWS perspective. Mr. Sartorius stated that they don’t see an advantage in average or above runoff years, but in future years, if they are at a lower level, it possibly would be. Commissioner D’Antonio also asked what the FWS’s assessment was of the activities being undertaken under the 2016 BO by the implementing parties. Mr. Sartorius responded that the BO was still viable, and the FWS is operating within its confines. The FWS is still supporting the use of the BO and its implementation.

Commissioner D’Antonio then asked if the FWS was prepared to respond quickly if sediment plugs formed at the BDANWR again. Mr. Sartorius responded that any incidental take would likely be covered under the current Biological Opinion on Reclamation actions, and so they didn’t see a problem with that. If Reclamation feels that there is something happening that requires a quick response, the FWS stands ready to move quickly when needed. They can respond if called, and on an emergency basis, consult very quickly and make sure that they don’t hold things up.

Commissioner Gordon asked if Mr. Sartorius could elaborate on the Yellow-billed cuckoo critical habitat reconsideration in August 2019 and if they were proposing it in Elephant Butte Reservoir. Mr. Sartorius responded that the proposed critical habitat with the original decision in 2014 was put on hold and never finalized. Now there is a 5-year-old proposal, so they need to re-propose for that or for a different version of critical habitat. They have not decided on where it will be. Elephant Butte Reservoir is an important population center for bird species, but it’s also important that the reservoir continues to be managed the way it has been because that is what created and maintains the habitat, even if the habitat is flooded in some years.

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Johnathan Bumgarner then presented the report for the USGS New Mexico Water Science Center (WSC). He introduced the USGS management team for the Rio Grande: Mark Gunn, deputy director for data; Mike Johnson, deputy director for studies, Susan Kell, the administrative officer; and Alex Graziano, the project chief for their Compact program. He discussed the stream-gaging network in the Rio Grande Basin, Compact gages, stream gaging operations, the Otowi Bridge gage, and the Elephant Butte Reservoir gage.

The USGS has 68 real-time streamflow stations in the Rio Grande Basin that are operated in cooperation with the federal, state, local and tribal partners. They also have 40 crest-stage gage stations in the Rio Grande Basin operated in cooperation with the New Mexico Department of Transportation.

As for the Compact gages, there were no upgrades or rating changes made in 2018 at the Rio Grande at Otowi Bridge.

At the Rio Grande below Elephant Butte gage, there were also no upgrades or rating changes made in 2018.

Mr. Bumgarner said they have webcams at several locations so they can make a visual check for issues. They also have some locations with two-way communication and can make changes to the instrumentation from a remote location. In addition, the public can view the gages.

The USGS was affected by the partial government shutdown in 2018. For five weeks, all the USGS staff except for Mark Gunn, deputy director for data, were on furlough. He was available to monitor the gaging system and had the authority to mobilize staff to fix any issues. The effects on the Compact gage records were primarily delays in site visits and record approvals, and they caught up two months after the end of the shutdown.

Mr. Bumgarner next discussed three ongoing projects. The Mesilla Basin Monitoring Program has been ongoing since 1987. There are very few groundwater data-collection efforts across the United States that have been going on for that long, and the dataset is robust. The funding cooperators are the City of Las Cruces, Elephant Butte, New Mexico State University, NMOSE, Interstate Stream Commission, and Reclamation. The program chief is Andrew Robertson. The primary objective is to document the hydrologic conditions within the basin and establish a long-term, continuous data-collection program within the basin. The scope includes the observation-well network and the Mesilla Valley hydrologic sections; the report, Salinity Trends in Shallow Groundwater; microgravity surveys to try to understand the storage of the aquifer and how that changes with base streamflow or pumping; and seepage

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investigations. The USGS just completed a seepage investigation in 2018, and that report is planned for release in 2019.

The next project is the Rio Grande Transboundary Integrated Hydrologic Model (RGTIHM). This is a cooperative program with Reclamation with the intent to develop a groundwater flow model of the Rincon and Mesilla basins for use by all stakeholders and cooperators in those basins. Specifically, this includes developing an integrated modeling platform and extending the existing model with better inputs, better calibration, and geographic extent. The project includes a 3-D hydrogeologic framework that was released in 2017; the interim RGTIHM Report, which is currently being revised to produce the new MODFLOW-OWHM Version 2 Techniques and Methods Report; and the final Scientific Investigations Report. The revisions to the model will be minor, and the model is available upon request.

Mr. Bumgarner completed his presentation with a discussion of the Upper Rio Grande Basin Focus Area Study. He stated that Mike Johnson is their deputy director for studies, and he is currently the project lead. The project is evaluating the hydrologic components of the Rio Grande Basin, including water use, evapotranspiration, groundwater, snow processes, and streamflow processes. The watershed processes include a Precipitation Runoff Modeling System (PRMS) watershed model that is going to be the integrator of all the different scientific components and to refine the modeling effort. Once the project is complete, there will be an interactive web map available online, and all the data collected and compiled by the USGS will be available to the public. The project was directly funded by USGS headquarters and will end in 2019.

Commissioner D’Antonio thanked Mr. Bumgarner and Mr. Gunn for their efforts to mobilize all the critical stream gage sites and in getting the index gage records approved quickly following the government shutdown.

Commissioner Gordon had a question about the Rio Grande transboundary model that will be produced in 2019. He wanted to know if there were more peer reviews or reviews of the model since last year’s discussion and if Reclamation had been involved. Mr. Bumgarner responded that the Scientific Investigations Report goes through additional editorial reviews, but as far as the scientific reviews and the scientific content, that will be very much the same as it was for the open file report. As far as Reclamation is concerned, USGS would have discussed only the objectives of the program with them.

Commissioner Gordon then asked what stakeholders have given input regarding the model since last year. Mr. Bumgarner said they had not received input since last year, but he

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had invited anyone who wanted to discuss it, and they were open to any discussions following that.

The new commissioner for the IBWC, Jayne Harkins, presented their report. Commissioner Harkins discussed her five priorities at the IBWC: water deliveries to Mexico under the 1906 Convention; deliveries from Mexico under the 1944 Water Treaty; infrastructure, including their levees, dams and maintenance; communication and collaboration with the public and stakeholders; and the safety and security of IBWC staff. Her presentation focused on the IBWC mission, the treaties, the IBWC projects in the El Paso area, and the sediment issues. She mentioned that 2019 was the 75th anniversary of the 1944 Treaty with Mexico and the 130th anniversary of the IBWC itself.

The IBWC was planning on a June 1 start for Compact deliveries to Mexico and their sediment removal efforts. Commissioner Harkins mentioned their significant projects, including the Canalization and the Rectification Projects; the 105 river miles from Percha Dam to El Paso, Texas; the Rectification Project from El Paso to Fort Quitman; water deliveries; and flood control activities. She also discussed the river management plan and that the 2009 Record of Decision expires in June of 2019. They are working on a new river management plan that will supersede the 2009 Record of Decision and incorporate commitments included in the current river management plan. An environmental assessment will also be conducted to address floodplain management, channel maintenance, and endangered-species management.

Commissioner Harkins discussed the Upper Rio Grande system sediment problem. She thanked the new principal engineer, Daniel Avila, for his efforts working with stakeholders on sediment deposition sites. He is also looking to supplement IBWC staff with outside contractors. The government shutdown affected the sediment removal efforts, but they were able to restart the work after a month. It is not yet known if this would have an impact on the sediment removal for the year. Commissioner Harkins then discussed the American Canal Project, the Sunland Park Levee, and the Thurman pilot studies for sediment detention sites.

Commissioner Gordon thanked the commissioner and reiterated his concern about sediment removal and river efficiency. He offered to be a partner and help, along with the water districts. His second comment was that in the past, regarding the 1906 Convention Compact deliveries to Mexico, a decision was made, without consultation of the districts, to deliver water to Mexico ahead of the irrigation schedule for the two districts. In his opinion, this caused harm because the river had to be charged for delivery of water to Mexico before it could get to the two irrigation districts. He requested that before the IBWC agrees to a delivery date, that they consult and coordinate with the irrigation districts on their irrigation dates.

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Commissioner Harkins committed to working with the irrigation districts on their plans and delivery dates.

Commissioner D’Antonio commented that there may be an opportunity to use the Corps’ Planning Assistance for the States to help with a sediment analysis or study and help fund it through the ISC and the Texas Water Development Board, in conjunction with the Corps of Engineers.

John Longworth, engineer adviser for the State of New Mexico, presented the Compact budgets for approval. The budget for fiscal year ending June 30, 2018, was $208,491. Of that amount, $56,033 was borne by the United States; and the three individual states had costs of $82,281 by Colorado, $43,938 by New Mexico, and $26,239 by Texas. The states’ costs will be equalized. The budget report was approved.

Suzy Valentine, engineer adviser for the State of Texas, presented the budget for the fiscal year of 2020, which begins July 1, 2019, and ends June 30, 2020. The total cost is $203,868, and the cost to be borne by the United States is $52,733. The cost to be borne equally by the three states is $50,379. The initial costs include $86,639 for Colorado, $42,273 for New Mexico, and $22,224 for Texas. The 2020 budget report was approved.

Craig Cotten presented the Cooperative Agreement with the USGS. The agreement provides for a total expenditure of $20,595, of which the USGS portion will be $6,240, and the states of Colorado, New Mexico and Texas will each provide $4,785. The budget was approved by the Commission.

Commissioner Rein then made a motion to approve the minutes of the 79th Annual Meeting. This motion was made with the understanding that last year’s meeting was the 102nd meeting of the Compact Commission, even though the notice from last year stated that it was the 101st meeting. Chairman Simpson stated that the special meeting held in Texas in 2016 had not been included which caused the confusion. The minutes of the 79th Annual Meeting in 2018 were then presented and approved.

John Longworth then presented the resolution of the Commission honoring former commissioner, Tom Blaine. The resolution was read into the record and approved by the Commission.

Suzy Valentine presented the resolution of the Commission honoring Curtis Seaton, former engineer adviser to Commissioner Gordon. The resolution was read into the record and approved by the Commission.

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Commissioner Gordon introduced a motion to accept the recommendations of the engineer advisers “to direct the legal committee to review the Federal District Court ruling in the WildEarth Guardians v. U.S. Army Corps of Engineers, Case No. 1:14-CV-00666-RV-SCY, and provide legal opinions on the implications and impacts, if any, to the Commission and the Compact." After discussion, the motion was approved.

A second motion to approve the recommendation from the engineer advisers “to have the legal committee study the request for future deviations at El Vado for endangered species as it affects the Compact,” was discussed and approved to be conducted prior to the next engineer adviser annual meeting.

Craig Cotten presented the letters to the governors, which were also approved to be signed by the commissioners.

No one addressed the Commission during the public comment portion of the meeting.

The 80th Annual Meeting of the Rio Grande Compact Commission was adjourned at 1:20 p.m.