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If you live in the Southwest, you've likely heard the grim warning: water is in short supply. Due to rising temperatures, increased water demand, and relaxed regulations, the Western United States is facing a critical situation. This is why a University of New Mexico law professor has been focusing her research on protecting Western groundwater. Warigia Bowman, who teaches water law at the School of Law, emphasizes that time is running out.

"We either make changes, or we run out of water. I would say the situation is dire, but it's fixable," Bowman said. "If we don't make changes by the end of the century, places will run out of groundwater. While not every aquifer will run out, many will. The next 50 years represent a critical period for making changes in policy, law, technology, and farmer and citizen behavior."

With reduced water levels in the Colorado River and insufficient precipitation west of the 100th meridian, farmers are increasingly relying on groundwater. According to Bowman, there are areas in the West where wells have already run dry. Dry wells indicate that groundwater aquifers are depleted. Groundwater depletion represents a serious concern, since groundwater is the best source for drinking water. This raises the question: Are we utilizing our water resources effectively?

In her article "," published in the Ohio State University Law Journal, Bowman recommends four regulatory solutions to preserve groundwater. While these changes alone will not solve the problem, she says these changes are a helpful step in saving some of our precious water.

1. Refining the doctrine of 'safe yield'

Safe yield refers to the optimal amount of water you can withdraw from an aquifer without adverse economic and environmental impacts. Bowman says there are several reasons why we need to make the doctrine more precise. First, different states have different definitions of what safe yield should be. Second, we don't have enough data on how much water is in some aquifers. Lastly, there is no time limit on the safe yield concept.

"A year, five years, 10 years? If we add time to its definition, it would be helpful so we could say we went to maintain this amount of groundwater, and we're going to measure aquifer levels frequently to ensure that we are meeting water conservation goals," she said.

2. Eliminating 'exempt' domestic and livestock wells while requiring permitting and withdrawal limits for all wells

In most western states, domestic or livestock wells are often not required to be metered (track their water usage) unless you're in a critical zone. These wells are also often not permitted. Bowman says it's time to change that and require metering and permits for all wells to track usage and put limits on withdrawal amounts.

"The idea was that back in the day, people weren't going to use that much water, but in the absence of accurate measurement, water use from domestic and livestock wells could be overdrawn," she said. "It's possible someone could have one of these wells and use far more water than the Office of the State Engineer allows, and with an absence of meters, there's no way to enforce it."

3. Providing incentives for metering and a move toward mandatory metering

While some areas across the country are not metering, many are. States like Arizona meter in their big cities, but not in other parts of the state. Bowman's article says we should move towards metering everything, everywhere. "If we had heavy metering in every aquifer or well, we'd have great data on how much is being pumped out," she said. "Maybe farmers don't like metering, but they will like metering more than they like having no water."

That is why Bowman says an incentive to meter could go a long way. She recommends giving a tax break to farmers who agree to meter or providing them with another form of financial incentive, such as capital loans on water-saving equipment. Another option could be to make metering mandatory, which is going to be less popular and likely to result in resistance. Nonetheless, if aquifers begin to run dry, they may have to be closed completely to withdrawals. Taking preventative measures in the present will prevent more draconian measures in the future.

4. Eschewing a patchwork approach in favor of comprehensive and strict state groundwater regulation

Bowman argues that instead of letting local areas have their own set of voluntary groundwater rules, every state should implement stronger and more consistent sets of regulations that apply statewide. Reminder: water is controlled at the state level (quantity and who owns it).

"We need consistent control throughout the entire state, and western states need to harmonize their approaches at a regional level," Bowman said. Aquifers cross multiple state lines. These ancient formations do not honor recent human-made boundaries.

Bowman emphasizes that while some of these straightforward solutions may be uncomfortable, they are necessary to change behavior and save water. For instance, altering the crops grown could lead to better outcomes, as certain plants are not well-suited to certain areas. For example, Indian corn can thrive in desert conditions like New Mexico, while yellow corn cannot. She stated, "A lot of land in the western United States maybe shouldn't be farmed."

Bowman gives New Mexico an A- for its water law, noting that the state operates on a prior appropriation system, meaning users must apply for permission before withdrawing water. She appreciates the clarity regarding how much water can be withdrawn over a specified period. Additionally, almost all new wells in the state are required to have metered measurements.

The Office of State Engineer in New Mexico also provides numerous free and easily accessible resources for citizens interested in their work. Bowman believes that New Mexico, along with other western states, should also consider following some of the restrictions being followed in Utah. Although Utah's water law approach is not perfect, she finds it stricter and more comprehensive than that of many Western states.

More accessible information about the state's water is available on the website.