Abstract
El Paso, Texas, faced an urban water shortage due to its limited groundwater, rapid population growth, and legal barriers to seemingly accessible water supplies. The cheapest new supplies were Rio Grande surface water or groundwater from New Mexico. Federal reclamation law and New Mexico law that effectively prevents water export led to a bitter confrontation that pitted new Mexico's use of the police power against the federal commerce clause. After an eleven-year legal battle, in 1991, El Paso opted for a compromise resolution with most new water supply (85,000 AF/year) provided by a reduction of transmission losses. Additional supply will be provided by managing upstream reservoir levels to reduce evaporation, reducing per capita use to 160 gpd, increasing use of treated sewage effluent, and purchasing and leasing small parcel water rights. Since making this decision, El Paso has actively pursued this alternative strategy and has a modest, but secure, future water supply.
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