By Mary Alice Murphy

In a hearing today, 1st Judicial District Court Judge Francis J. Mathew heard arguments from attorneys representing the Interstate Stream Commission and the Gila/San Francisco Water Commission, which signed on as an intervenor in the case against the ISC, and the attorneys representing the plaintiff.

Plaintiff in the suit was Norman Gaume, former Interstate Stream Commission director, who was one of the negotiators of the 2004 Arizona Water Settlements Act. The act allocates up to 14,000 average annual acre-feet of water to the southwest corner of New Mexico, made up of Luna, Grant, Catron and Hidalgo counties. Also allocated by the act are $66 million for water supply demand projects and up to an additional $62 million allocated only if a New Mexico Unit to store water from the Gila River is developed and constructed.

Several weeks ago, with a looming deadline, Dec. 31, 2014, for the Interstate Stream Commission to notify the U.S. Secretary of the Interior whether it intends to plan and develop and construct a New Mexico Unit, Gaume got a judge to issue a temporary restraining order against the ISC to meet and make a decision. The first judge modified the temporary restraining order to allow the ISC to meet, but prevented the members of the commission to make any decision relating to the Arizona Water Settlements Act.

Today, at a hearing before Judge Mathew, attorneys presented that the ISC has little to lose, but the southwest region of New Mexico and the state of New Mexico could lose up to $62 million and the value of the 14,000 acre-feet of water.

After hearing arguments, the judge ruled there was no basis for continuance of the temporary restraining order.

As a consequence, the ISC will meet Monday, Nov. 24, and will consider its staff recommendations for funding and use of the water, as provided to New Mexico in the Arizona Water Settlements Act.