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The trial of Intrepid Potash’s rights on the Pecos River in southeast New Mexico concluded as the company argued it had maintained its water rights for decades despite not using the water, while opponents contended the rights were abandoned and Intrepid had no claim to the river.
The case centered around Intrepid’s claim that it had water rights to about 19,000 acre feet of Pecos River water for consumption and that state regulators had upheld Intrepid’s rights even after it ceased using the water to refine potash upon the closure of the Loving Refinery in the 1970s.
The company argued it had closed the refinery as water quantity and quality were inadequate for operations during drought conditions and shifted to using the Caprock Aquifer in Lea County, but that the Office of the State Engineer granted numerous time extensions to allow Intrepid to keep the rights without using the water.