During the last year, local messaging about saving water was started that created much fear, even though no actual analyses of supply and usage were conducted.

That conversation is important, but we need to understand the basic law about water here in Capitan and New Mexico. Important things to know are:

   1. We do not own the water under our feet!
   2. The State of New Mexico:
        - Owns and has ultimate control of all the water in rivers and underground, and
        - Issues and limits "Rights to Use" specific amounts of water in New Mexico.
           (It’s like having a library card; you can use the books, but you don't own the library.)

Water is the most precious resource in the desert. Because it is so scarce, water should not be wasted, but the law says we must actually use our water rights for something good, like farming, ranching, or supplying a home. This is called "Beneficial Use."

If we do not use our allocated "Rights to Use" for 4 years or more, we risk losing those rights completely and forever. The law is clear:

• If a right is not used, it can be forfeited (taken away).
• The NM State Engineer is in charge. If we forfeit our rights by not using our allocated "Rights to Use," the State Engineer can give that water to someone else who needs it and can use it right away.

Although thoughtful conservation is appropriate and a good idea, NM Water Law makes "Beneficial Use" of allocated rights a requirement, not an option.

Failure to responsibly use allocated water rights is the surest way for the State to take Capitan's water rights and give them to someone else.

Thoughtful use is the smart approach. We protect our water availability by using it wisely and efficiently, not by letting the rights sit unused. Using less water for the same job (conservation) is smart, but non-use is dangerous.

To keep our water rights for the future, we must commit to responsible use today!