Water Contracts Can Indeed
Be Broken
A Federal judge in New Mexico
redefined how water contracts will work and all the wild
west water agencies are having palpitations over it.
From the Association of California
Water Agencies (ACWA):
"
A June 12 decision from the 10th Circuit Court of Appeals
in New Mexico has sent shock waves through the western
water community that are reverberating in Washington. The
court ruled that water already contracted for urban use
can and must be diverted to meet endangered species needs,
ruling that the U.S. Bureau of Reclamation does not have
to honor contractual obligations if a listed species needs
the water, even when that species is part of another river
system."
The Sonoma County Water Agency (SCWA) has long held that
contractual obligations to cities preclude any other
use. One important other use would be to conserve
water in the face of a clear and present danger of groundwater overdraft.
This decision changes the dialogue surrounding the issue
of contracts.
