Mexico offers water to South Texas. But there is a catch that does not suit farmers.

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McALLEN. Rio Grande Valley farmers, whose industry has suffered from insufficient rains and depleted water supplies, have been offered modest but beneficial amounts of water for their parched lands.

Farmers hesitate with this.

Farmers and irrigation districts that supply water to farmers remain at an impasse with the Texas Commission on Environmental Quality over 120,000 acre-feet of water Mexico offered to the U.S.

Here’s the catch: If farmers agree to water now, they’ll have to give up water they already have and need next year.

In mid-October, farmers and irrigation districts met with representatives from TCEQ and the International Boundary and Water Commission, the federal agency that oversees water deals between the U.S. and Mexico, to discuss the proposal.

That includes more than 120,000 acre-feet of water that Mexico provided to the U.S. after torrential rains caused significant runoff from Mexico’s Marte Gomez Reservoir, which is at 123.7 percent of capacity.

If the IBWC took the water and transferred it to Texas, the TCEQ would be responsible for distributing the water within the state through its water master program based on who owned the water rights.

Many water rights holders don’t have enough water for the spring planting season, said Sonny Hinojosa, water advocate for Hidalgo County Irrigation District No. 2. If TCEQ were to charge them to accept the water that Mexico is currently offering , the water they already own and intended to save for the next planting cycle would be released for other uses.

“A farmer is not going to invest in seeds and land preparation if he doesn’t see enough water accumulating behind the dam to finish his crop,” Hinojosa said. “It’s too much of an investment.”

TCEQ told farmers and irrigation district workers in attendance that not charging them for that water would be unfair to other water rights holders who don’t get water from the San Juan River, according to Hinojos, who hopes to convince department that all will benefit.

If they are not charged and their running water is stored in tanks, this water can be redistributed to others if enough water later arrives from rain or other sources.

“The water we don’t ask to be released to us stays behind the dam, and when the next distribution comes, everyone gets a piece of the pie,” he said.

The Falcon and Amistad reservoirs supply water to farmers and irrigation districts in the Rio Grande Valley, but levels there remain low due to insufficient rainfall to meet farmers’ needs.

The American side of the reservoirs must also receive water from Mexico under the terms of the 1944 treaty. Mexico must supply 1,750,000 million acre-feet of water to the United States from six tributaries every five years, or an average of 350,000 each year. But Mexico has fallen behind, with a balance of more than 1.3 million acre feet it needs to deliver by the October 2025 deadline.

The San Juan River is not one of these six tributaries, but if this water is accepted, it will count toward Mexico’s water debt.

A quick agreement on the proposed water is important because there is a threat of water overflowing the dam.

“There is a danger if it rains in this region and the water starts to spill,” said Maria-Olena Giner, commissioner of the IBWC. “The other thing is that if we don’t start using some of that water or that commitment isn’t made very soon, others in Mexico might say, OK, then we’ll keep it and use it for our users.”

That’s the urgency that prompted Texas Agriculture Commissioner Sid Miller to issue an executive order last week allowing farmers and irrigation districts to use water from the Rio Grande.

“Every day is critical,” Miller said, adding that TCEQ’s hands are tied. “By the time they got through the red tape, I was afraid the water had already spilled into the bay.”

But Miller’s authority to grant farmers such access is questionable at best. TCEQ stated that water rights are governed by the Texas Water Code and TCEQ regulations.

“All Texans along the Rio Grande should continue to comply with these requirements,” a TCEQ spokesperson wrote in an email.

The department added that it continues to work with local stakeholders and the IBWC to negotiate water supplies from Mexico.

The IBWC said they appreciate Miller’s efforts to help South Texas growers and irrigation districts. Giner said the agency continues to call on Mexico to provide a plan to address the shortage and compensate for its water supplies.

Rio Grande Valley Reporting is supported in part by Methodist Health Ministries of South Texas, Inc.