A new chapter in the decade-long lawsuit in the U.S. Supreme Court over Rio Grande water is set to begin.
After a close, 5-4 ruling from the Supreme Court dashed a proposed deal to end the litigation, the federal government and states of Colorado, New Mexico and Texas have been ordered back to mediation, which begins Tuesday in Washington D.C.
In addition to the parties, there will be attorneys for groups including farming interests, the cities of Albuquerque and Las Cruces, water utilities and irrigation districts, joining the talks.
In 2013, Texas sued New Mexico, alleging that groundwater pumping in southern New Mexico diverted water out of the Rio Grande owed to Texas violating the 86-year old agreement called the Rio Grande Compact. Signed in 1938, the compact divided use of the Rio Grande between Colorado, New Mexico and Texas.
Advertisement
Only the Supreme Court has the power to rule on disputes between states.
A dispute over baselines for groundwater
One of the core disagreements between the federal government and the three states is determining how much groundwater pumping needs to be cut along the Rio Grande in southern New Mexico. In the arid region, water is crucial for growing crops like chile and pecans, and both groundwater and water from the Rio Grande are used for irrigation.
In the rejected settlement agreement, the states requested a baseline adjusted to more groundwater pumping and drought conditions determined by an equation called the “D2 curve.”
The D2 curve was used as part of a 2008 settlement ending a fight between the irrigation districts and the U.S. Bureau of Reclamation over drought concerns.
Alternately, the federal government has previously asked for the states to adopt restrictions from when the compact was first signed.
Advertisement
The states will continue to argue for the D2 curve baseline, said James Grayson, the chief deputy for the New Mexico Department of Justice.
“In 1938, there was essentially no groundwater being used, and so the United States is essentially advocating to go back to that time and that way of using only surface water,” Grayson said.
The City of Las Cruces and the New Mexico Attorney General have urged federal officials in recent months to make a deal with the states before the start of Donald Trump’s presidency in January and compromise on its position to drastically limit groundwater pumping in southern New Mexico.
New Mexico’s congressional delegation asks feds to wrap up Rio Grande lawsuit
In a Nov. 14 letter, New Mexico Attorney General Raúl Torrez, a Democrat, appealed to U.S. Department of the Interior Secretary Deb Halaand to drop the objections.
Advertisement
“Time is running out,” Torrez wrote. “And I am pleading with you to resolve this issue for the benefit of all parties, but especially for the people of southern New Mexico, rather than leaving the matter to become a political bargaining chip for the next administration.”
In an October letter to U.S. Attorney General Merrick Garland, the City of Las Cruces stated that cutting pumping to a 1938 level would reduce the city’s groundwater use by 93%.
This action “would cripple farmers, families and communities in southern New Mexico,” and would require the state’s second-largest city to find a new source of water, requiring a $1 billion investment and take about 15 years to put into place.
In 2023 testimony before lawmakers, state officials said New Mexico would need to cut groundwater use in southern New Mexico by at least 17,000 acre-feet to meet the deal set by the D2 curve baseline, by reducing pecan and chile fields. If the 1938 standard was required, cuts would need to be in the hundreds of thousands of acre-feet.
How we got here
The contours of the dispute have changed since the case was first brought in 2013. Drought conditions in the early 2000s sparked a protracted series of water lawsuits in lower courts between the federal government, states, cities and counties and irrigation districts along the Rio Grande.
Advertisement
In 2019, the high court unanimously allowed the U.S. federal government to intervene as a party in the case, arguing that a series of federal dams, irrigation canals and ditches were threatened by New Mexico’s groundwater pumping. That federal infrastructure is used to deliver Rio Grande water to Mexico under a 1906 treaty and also meets agreements with two regional irrigation districts.
While the federal government initially sided with Texas in the lawsuit, a series of compromises eventually put the states in one camp and the federal government (and the regional irrigation districts) in another.
Colorado, New Mexico and Texas came to an eleventh-hour settlement in 2022, but the federal government objected and said that the deal couldn’t be made without their agreement.
In June, the U.S. Supreme Court sided with the federal government’s objections, rejecting the proposed deal.
Earlier this year, justices appointed a new special master, who oversees the progress of the case.
Advertisement
After an October hearing, Judge D. Brooks Smith ordered the parties into mediation, which starts Tuesday and will end Thursday, but could continue to be extended. If mediation talks break down entirely, the parties will resume going to trial.
VALENCIA COUNTY, N.M. – Valencia County Fire Department responded to a serious UTV crash after two people suffered major injuries in the Rio Puerco area.
The Valencia County Fire Department one patient was flown to the hospital with critical injuries. A second patient went by ambulance with serious injuries.
The fire department said this was the second serious ATV or UTV crash its crews handled that day.
Earlier in the day, units responded to an ATV crash that sent two children to the hospital with multiple traumatic injuries.
Advertisement
The fire department urged riders to wear helmets, stay off roadways and make sure children do not operate ATV or UTV vehicles without supervision.
Descending the sloping grasslands toward his livestock, Ronald Mascareñas reflected on the bygone days when nearly all the pastures in this lush community were thronged with cattle or sheep and neighbors banded together for a yearly ditch cleaning.
But as the cost of land in these villages in the Sangre de Cristo Mountains rises and more transplants move in — and a younger generation of locals moves out — he sees fewer people practicing a hard-toiling, rural lifestyle along the High Road to Taos.
“Now, there’s only a handful of us with cattle,” said Mascareñas, a Taos County commissioner who lives in Llano, a small community near Peñasco, as he walked the property that has been in his family for generations. “Like I said, things have changed.”
Advertisement
The mountain village of Truchas is one Northern New Mexico community concerned about gentrification and the ongoing housing trends pricing locals out.
Nathan Burton/The New Mexican
Advertisement
Concerns about gentrification in Northern New Mexico are hardly new, but some longtime residents say they feel particularly priced out these days. On the other hand, the real estate market is good for landowners who wish to sell in a region that has long struggled with high rates of unemployment, poverty and population loss.
Real estate signs can be spotted in three prominent communities perched along the scenic N.M. 76, a popular route to Taos for sightseers but a familiar route home for locals. Chimayó, Truchas and Peñasco have seen modest, two-bedroom homes sell for around $400,000 and luxury properties sell for over $1 million.
Up here, land is regularly listed at $20,000 to $30,000 an acre — a sharp rise from previous decades, before locals became “land rich, money poor,” as Mascareñas put it, noting property he purchased at $3,000 an acre in the mid-1990s would likely be priced around $30,000 an acre or more today.
Some longtime residents say prices like this, bringing newcomers with bigger pocketbooks, continue to change the feel of these distinctive villages, long synonymous with big heaps of firewood, hard labor, adobe churches, art studios at high elevations and free-flowing acequias.
Advertisement
“I’m concerned,” Mascareñas said. “My parents were concerned for us, and our generation did halfway decent. We were able to make a living. But it’s the next generation, our grandkids: Unless we are able to give them property to start something up, they’re probably not going to be able to stay in the area.”
The New Mexican
Renting is seldom an option in rural Northern New Mexico.
Residents in Rio Arriba and Taos counties overwhelmingly own their homes, with just 22.2% of Rio Arriba County residents renting and 20.1% of Taos County residents renting, according to a 2023 study from the New Mexico Mortgage Finance Authority.
Advertisement
The study found about 25% of Santa Fe County residents are renters.
‘Affordability for people’
This month, the most expensive house on the market in Peñasco — about 50 miles northeast of Santa Fe on N.M. 75, just south of the highway’s intersection with N.M. 76 — is listed at $3.5 million, according to the website Realtor.com, a digital real estate marketplace that aggregates listings. That property is an outlier in the community, home to some 500 souls not far from the stunning Jicarita and Trampas peaks.
Still, a modest, three-bedroom, two-bathroom home on 1.97 acres, built in 1998, is listed at $339,000 and a four-bedroom house on 0.46 acres is listed at $480,000.
That compares with an average home price in Santa Fe of $625,000 in the first quarter of 2026, according to data from the Santa Fe Association of Realtors. And statewide, the New Mexico Association of Realtors recently reported, the average home was priced at $350,000 in April.
Advertisement
Mascareñas said a majority of the people who are able to buy properties in isolated villages like Peñasco are coming from out of state, paying prices many locals could not conceive of affording. Traditionally, land in these communities — many of which were founded as Spanish land grants — is passed down through generations of families, but some heirs may elect to sell if they are unable to keep it or uninterested in moving back.
Not everyone agrees the current market is pricing locals out.
David Cordova
Advertisement
Courtesy of Sotheby’s International Realty
David Cordova, a real estate agent with Sotheby’s International Realty who has deep family ties to Truchas and was born and raised in Northern New Mexico, said rural communities remain much cheaper than places like Santa Fe and Taos. He noted “there’s a lot of affordable properties out there.”
Citing data collected by the Santa Fe Association of Realtors, Cordova said 12 properties have been listed and closed in Truchas in roughly the last five years ranging from $200,000 up to $673,000.
“I still think there’s an affordability for people,” Cordova said. “I’m all about having our families being able to live there, and you can routinely find properties between $200,000 and $300,000 and $400,000.”
Advertisement
He added, “I think people find themselves deeply rooted in coming back and feeling the soil, feeling the air and having a property in Northern New Mexico. Sales have been really good. The High Road to Taos is where it’s just absolutely stunning, you know.”
‘Hard to maintain’
The old Chimayó post office along N.M. 76 is now about half an acre of concrete wiped clean of any structure; its status as the community’s post office ended in a 2023 Valentine’s Day inferno.
The property has a blue Sotheby’s International Realty sign out front, and an online listing shows it is up for sale for $200,000.
Advertisement
A sign from luxury real estate broker Sotheby’s advertises a home for sale in the village of Truchas on Thursday.
Nathan Burton/The New Mexican
Advertisement
Pat Oviedo-Trujillo, 76, a lifelong resident of Chimayó who can trace her family roots back 12 generations in this region, likened the trends of rising prices in the local real estate market to the plight of characters in the 1974 novel The Milagro Beanfield War.
The Northern New Mexico classic, written by the late Taos County resident John Nichols, is about Hispanic farmers fighting the prospect of cultural and lifestyle loss against the backdrop of a water rights dispute.
“When John Nichols wrote that book, he was very prophetic, because that’s exactly what’s happening right now in these little towns,” Oviedo-Trujillo said.
“I’ll die here,” she said. “But all of a sudden, my property taxes have gone through the roof, and it’s hard to maintain even what you have.”
The five homes listed for sale last week on Realtor.com in the Chimayó area were priced at $1.1 million, $639,000, $439,000, $350,000 and, certainly the most affordable, $60,000.
Advertisement
A housing market analysis from Zillow, a prominent online real estate marketplace, shows a substantial increase in home values in Chimayó since 2018, with values rising from an average of about $222,000 in 2018 to about $335,000 now. Home values in an area generally correspond to home prices.
A 2015 Santa Fe County plan for Chimayó addresses how the residential makeup of the village — known for being home to one of the largest Catholic pilgrimage sites in North America, El Santuario de Chimayó, but also for a decadeslong struggle with addiction — has changed in recent decades, becoming more of a Santa Fe bedroom community.
Until the mid-1900s, land development patterns were largely small, clustered residential settlements on hills above the acequias to preserve large areas of “contiguous irrigated farmland on the gentle slopes and valley floor,” the county plan says.
“As the economy changed and the community became less dependent on farming to support their families,” the plan continues, “land development patterns evolved to accommodate scattered individual home-sites on parcels spread out across the valley.”
‘Way over market’
Advertisement
The only three homes listed for sale in Truchas last week on Realtor.com were priced at $800,000, $1.2 million and $599,000. A bare 1-acre lot in the scenic mountain village is listed at $39,500; 10-acre lots are listed at $339,000 and $225,000.
Truchas is approached by way of winding mountain roads — an idyllic village unfurling near cliff edges about 10 miles from the valley that cradles Chimayó and much higher in altitude — about 8,000 feet in elevation.
Sahd’s hardware store owner and Peñasco fire chief Randy Sahd inside the family-owned and operated business on Thursday in Peñasco. “We’ve become a bedroom community for Los Alamos and Santa Fe,” Sahd said, remarking on the increasing cost of land and properties in the community.
Advertisement
Nathan Burton/The New Mexican
Dio Dominguez, an acequia mayordomo in Truchas, said he has seen properties, such as a 3-acre parcel with an old home on it, sell at prices that shock him. “They’re paying way, way over market, so it’s kind of messing everyone up,” Dominguez said, noting the tax burden this phenomenon can create is the hardest on locals.
These communities, particularly Truchas, have seen a migration of newcomers for some time.
Advertisement
“Not Another Taos — Yet,” read a 2002 headline in The New Mexican about Truchas and the influx of artists moving there as galleries opened along its main street.
“In a town legendary for its hostility toward outsiders, Truchas is a thriving little art town these days,” The New Mexican reported, underscoring changes in Truchas, which means trout in Spanish.
Randy Sahd, a lifelong resident of Peñasco, owns the local hardware store, where locals trickled in Thursday morning to banter a bit and decide which newspapers to purchase. He attributed the cost of land in this region to the “outside influence” and “people who have money” from out of state.
“Who in New Mexico has that kind of money?” said Sahd, the local volunteer fire chief, alluding to some high-priced local properties that have sold.
He suggested many people who own land in the area no longer live there.
Advertisement
The family-owned and operated Sahd’s hardware store in Peñasco has served the mountain village of roughly 500 for over 50 years.
Nathan Burton/The New Mexican
Advertisement
“Everybody up here has ancestral properties, and they live in Utah or Colorado, and they have no interest in keeping their property anymore,” Sahd said. “So, when somebody offers them $20,000 an acre that a couple of years ago was only $4,000 an acre …”
Such an offer can be hard to resist.
“We’ve gone from being a rural community to a bedroom community,” Sahd said.
Embracing outsiders?
Advertisement
These communities, apart from the current real estate situation, have struggled for some time with population loss, particularly as young people migrate to more urban areas. Poverty and limited professional opportunities help drive the outmigration.
Some homes in the villages sit vacant in various states of disuse.
Truchas, at least historically, had a reputation as a community suspicious of outsiders moving in as locals move out.
But Cordova pointed out the parades of hippies in rainbow buses who arrived in places like Dixon and Truchas in the 1960s and ’70s.
Advertisement
The mountain village of Truchas is one Northern New Mexico community concerned about gentrification and the ongoing housing trends pricing locals out.
Nathan Burton/The New Mexican
Advertisement
“People thought at the time, ‘Were they going to clash with the Hispanic culture that was there?’ ” Cordova said. “To be honest with you, a lot of friendships and bonds were made, and people are still there from back in the ’70s.”
He added, “A lot of us here are people who embrace people coming from the outside. We’ve embraced the people who are working at Los Alamos National Labs. We’ve embraced the fact that many of us work our tractors and we work our livestock — and it’s a community that knows how to work hard and appreciates anybody that works hard.”
Can’t keep kids local
Still, life in these communities — with scarce jobs and rising home prices — is increasingly unattainable for young locals, and traditions are disappearing.
“We’re having a hard time keeping our kids local,” Mascareñas said. “If they leave to go get educated, they come back and it’s challenging for them because they can’t afford to buy something.”
Advertisement
He added, “We’re trying to keep these traditions and cultures alive. But if you don’t have the people to do it, you can’t keep them alive, and if you start chopping away at the properties” — subdividing for family members — “they get smaller and smaller. You can’t have cattle, you can’t have horses.”
This week, Mascareñas said the community of Llano no longer has an annual acequia cleaning because there were not enough participants.
Now, the spring cleaning is individualized, and parcientes are responsible for cleaning their own sections of ditch.
“That’s how we’ve had to change, right?” he said. “We no longer gather for ditch cleanings. Everybody does their own property because we can’t gather the amount of people it takes to do it. I remember, as a kid, there used to be 60 to 80 of us cleaning, and I’m talking from my grandpa to my dad to me.”
Advertisement
Rancher and Taos County Commissioner Ronald Mascareñas returns home after feeding his cattle Thursday in Llano.