Public Comment on Proposed Rule 19.25.16 NMAC: Regional Water Security Planning Submitted via the Online Portal at https://www.ose.nm.gov/RulesRegs/rulemaking.php Date: September 27, 2025 New Mexico Interstate Stream Commission c/o Office of the State Engineer P.O. Box 25102 Santa Fe, NM 87504-5102 Email: isc.planning@ose.nm.gov Dear Members of the Interstate Stream Commission and State Engineer, I am writing as a concerned New Mexico citizen deeply concerned that we have the best and most sustainable water management system possible. Our family also pay for water rights on our property. The Water Security Planning Act (WSPA, SB 337, 2023) is an important document and plan to help address our mounting water challenges through decentralized, community-led planning that empowers regions to develop adaptive, science-based strategies. I have reviewed the proposed rule, and I urge the Commission to reject or substantially simplify and revise it. Some specific suggestions include: - The document is written in high-level legal language that is difficult for many New Mexico citizens to understand. It needs to be rewritten at a much lower reading/ comprehension level, to allow non-professionals to voice their opinions, ask questions, and provide possible unique solutions and ideas. - All plans/studies/regulations need to be regionalized and localized as much as possible. - Meetings need to be held in the individual regions to increase local participation and knowledge. Online participation may be available, but in-person should be the primary method of local/regional meetings. They need to be well-publicized in a variety of ways. - Individual county/regional plans need to be done to truly capture the varied needs across New Mexico. - Decision making must not be delegated to governmental agencies/professionals/politicians, but left in the hands of local citizens and water sytems. Decentralization must be a constant consideration. - Innovation and "thinking outside the box" needs to be encouraged including desalinization of brackish waters using nuclear power and accessing underground water supplies that are difficult to access. - Legal access to surface and ground water/ Water rights must be respected and prioritized, especially for Agricultural purposes to feed ourselves and our neighbors. - Training and Education of local citizens and Water board members and water users must be a high priority in this process. - Establish clear performance requirements, outcomes, goals in conjunction with the local people/water users. - The terms "Science-based and Scientific" are nebulous terms that can be twisted to say what people want them to say. Scientific guidance should be peer-reviewed. A careful look at sources and what has been effectively used in similar processes in other similar states need to be researched, considered and agreed upon by local water boards and users. I look forward to a document that champions integrity, transparency, and inclusivity (grass-roots), as well as decentralization and regional autonomy. Thank you for the opportunity to comment on this proposed Rule. I truly hope this effort will help secure our water future in New Mexico. Sincerely, Mary Ingham 2516 Chanate Ave. SW Albuquerque, NM 87105 505-249-7542

After reviewing the proposed rule (19.25.16 NMAC), I urge the Commission to reject or completely revise it. The rule allows bureaucrats to undermine the legislative intent, does not act to truly decentralize governance, and risks rendering regional councils' efforts moot and easily overturned by state bureaucrats. While the proposed rule attempts to provide operational guidelines to WSPA, it fails by allowing bureaucratic control instead of true decentralization, potentially wasting the time and efforts of dedicated councils and citizens. This completely bastardizes the Act's community focused, inclusive, and science-driven spirit and could perpetuate New Mexico's water insecurity. I strongly recommend stopping the process and allow for revisions based on public feedback. Thank you for considering this comment as part of the official record.

Tribal support letters from WSTAC

Dear Chairman Mark Sanchez, Please find attached the Water Security Tribal Advisory Council (WSTAC) Comments and Recommendations on the Proposed Rule for the Water Security Planning Act. Also included are letters from Tribes that support the recommendations. Thank you. Respectfully submitted, Laurie Weahkee, Coordinator Water Security Tribal Advisory Council (WSTAC) 505-238-9243

ISC Chairman Mark Sanchez: Attached is a letter from my client, Santo Domingo Pueblo. Sincerely, Pablo H. Padilla Jr., Esq. pablohpadilla@gmail.com (don't forget the "h")

New Mexico Farm and Livestock Bureau appreciates the opportunity to comment on the Interstate Stream Commissions Regional Water Security Planning proposed rule.

Please see attached file.

Please see the New MexicoWater Advocates public comment, attached. The ISC staff's proposed rule requires substantial improvement to correct the extensive flaws and omissions documented in the attachment.

Dear Commissioner and NMISC Administrator, please find attached Trout Unlimited's comment on the proposed rule. Thank you the opportunity to provide input.

Thank you for the opportunity to comment on the proposed Rule for the Water Security Planning Act (WSPA). The proposed Northwest New Mexico Region is an improvement from a larger region that would have connected it to the San Juan Region. This down-sized Region is better suited to accommodate an arid region where water resources are stressed, and water rights have been over-appropriated. It also makes sense to take into account tribal sovereignty, tribal water rights, and the needs of tribal communities in considering whether a proposed subregion should be designated. (Section 19.25.16.9.B) Membership on the Regional Planning Committees should be as diverse and inclusive as possible, to avoid overrepresentation by the largest and most powerful water users and political leaders in a planning region at the expense of smaller water users and proponents of non-consumptive water uses that promote sustainable stream systems and the ecosystems and cultural uses that they support. The Commission should revise the proposed Rule to clearly state that regional water security plans must be compliant with Indian water rights settlements and the WSPA, consistent with the statewide objective regarding congressionally authorized tribal water rights settlements, including local and federally executed Indian Water rights settlements. (Section 72-14A-4.C(9(b) NMSA 1978) As pointed out by Taos and Laguna Pueblos, Section 19.25.16.16 provisions relating to the State Engineer’s consideration of regional public welfare issues in permitting decisions should be deleted. The WSPA does not authorize the Commission to establish procedures for the State Engineer’s determination of public welfare in water rights permitting. (Section 19.25.15.16C) Regional Plans should also include a list of proposed projects, programs, and policies that have been prioritized in accordance with statewide objectives for regional water security plan development, including compliance with interstate compacts, the federal Endangered Species Act of 1973, AND Congressionally authorized tribal water rights settlement acts. (Section 72-14A-4.C(9(b) NMSA 1978 and Section 19.25.15.16) Finally, I urge that hybrid Regional Council meetings be held within the region they serve, with an option for virtual attendance, to enable broader participation and accessibility for local stakeholders, and to foster meaningful engagement, consistent with the proposed Rule’s stated goals of transparency and inclusive participation.