reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.117 - CHANGES TO POINT OF DIVERSION, PURPOSE OR PLACE OF USE OF PUEBLO WATER RIGHTS OR NEW EXERCISES OFF THAT PUEBLO'S LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. By application to the state engineer, a
				Pueblo may change the point of diversion, purpose or place of use of its first
				priority water rights, including a lease of such rights to non-Pueblos, to a
				point of diversion, place or purpose of use off that Pueblo's lands within the
				NPT basin.
(1) Applications to the state
				engineer for use of Pueblo first priority water rights off that Pueblo's lands
				shall be governed by applicable statutory provisions and administrative
				rules.
(2) The water master shall
				determine if any Pueblo or non-Pueblo groundwater rights will be impaired by
				the granting of an application, and consider any remedies proposed by the
				Pueblos to reduce impacts on groundwater rights below the threshold for
				impairment.
(3) An application
				shall be denied if the proposed change will impair Pueblo or non-Pueblo water
				rights and remedies are not available to reduce groundwater effects below the
				level of impairment.
(4) The
				exercise of a Pueblo's first priority water rights on the lands of another
				Pueblo is not contrary to the conservation of water within the state or
				detrimental to the public welfare of the state. The exercise of a Pueblo's
				first priority water rights on non-Pueblo lands, in and of itself, is not
				contrary to the conservation of water in the state or detrimental to the public
				welfare of the state.
(5) An
				approval of a proposed change to a point of diversion, purpose or place of use
				off a Pueblo's land shall be conditioned to require offsets to avoid
				interference with Pueblo surface water rights or non-Pueblo surface water
				rights entitled to section 4 protection.
(6)Notice of the approval or denial of an
				application, and any required offsets, shall be mailed to the Pueblo tribal
				council or governor by certified mail, and posted on the state engineer's
				website.
(7) Non-Pueblo water
				rights eligible for section 4 protection shall not be curtailed to provide
				water for the new or changed exercise of future basin use rights under Pueblo
				alternative administration.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.118 - MITIGATION FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The New
				Mexico finance authority shall administer the mitigation fund. The
				unavailability of funds shall not affect the rights of the Pueblos to utilize
				their water rights.
B. Money in the
				mitigation fund may only be expended to mitigate the effects of impairment to
				non-Pueblo groundwater rights as determined in accordance with 19.25.20.116
				NMAC, including reimbursement to non-Pueblo water rights owners of record for
				the cost to drill a replacement well or to obtain an alternative water
				supply.
C. An owner of record that
				is eligible for reimbursement from the mitigation fund pursuant to 19.25.20.116
				NMAC may request reimbursement from the mitigation fund for the costs of
				mitigating the impairment. To request reimbursement, an owner of record shall:
(1) Within 30 days of the receipt of the
				notice of impairment or a favorable decision pursuant to 19.25.20.116 NMAC,
				notify the state engineer in writing of their intent to request reimbursement;
				and
(2) Within 90 days of the
				notification to the state engineer of their intent to request reimbursement,
				submit to the state engineer a proposal for mitigation of the impairment and
				estimated cost of the mitigation with supporting documentation. The state
				engineer may grant an extension of time to submit a mitigation proposal and
				estimated cost for good cause shown. The state engineer may request additional
				information as needed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.119 - PRIORITY ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				water master may implement priority administration in the NPT water master
				district. Priority administration may be initiated by the state engineer as a
				result of the state engineer's independent determination that priority
				administration is necessary, as provided by
				19.25.13.43
				NMAC, and in response to a request for priority administration by a water right
				owner of record, Pueblo, the United States as trustee for the Pueblos, or the
				interstate stream commission.
B.
				The forms of priority administration applicable in the NPT are described in
				Subsection C of
				19.25.13.7
				NMAC, which include direct flow administration, storage water administration,
				depletion limit administration, and alternative administration. Depletion limit
				administration and alternative administration are the two forms of
				administration applicable when the exercise of groundwater rights is causing a
				surface water owner of record to not receive the water to which the surface
				water right owner of record is entitled.
C. Sections 2.4.4.5, 3.1.7.2 and 4 of the
				settlement agreement constitute Pueblo alternative administration that has been
				accepted by the state engineer as between the Pueblos' first priority rights
				and the water rights of the non-Pueblo settlement parties. Section 4.1.2 of the
				settlement agreement constitutes alternative administration that has been
				accepted by the state engineer of the Pueblo of Tesuque's existing basin use
				rights.
D. Non-settlement parties'
				water rights shall only be curtailed under Pueblo alternative administration to
				the extent such curtailment would occur without the settlement
				agreement.
E. Non-settlement
				parties seeking priority administration shall have the same rights and benefits
				that would be available without the settlement agreement.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.120 - ESSENTIAL INDOOR HOUSEHOLD USES NOT SUBJECT TO CURTAILMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Essential indoor household uses from domestic wells shall not
				  be curtailed under priority or Pueblo alternative administration. Essential
				  indoor household uses include drinking, cooking, indoor cleaning, sanitary, and
				  cooling purposes, and exclude all uses made outside of a
				  building.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.121 - ALTERNATIVE ADMINISTRATION OF THE PUEBLO OF TESUQUE'S EXISTING BASIN USE RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
Under alternative administration of the first priority of the
				  Pueblo of Tesuque's existing basin use rights, the curtailment of non-Pueblo
				  surface water rights entitled to protection under section 4 of the settlement
				  agreement whose points of diversion on the Rio Tesuque are upstream from the
				  Pueblo of Tesuque's southern boundary ("upstream acequias"), shall be limited
				  to the extent necessary to provide a diversion amount by the Pueblo of Tesuque
				  from the Rio Tesuque for irrigation of 71 acres of Pueblo land (71 acres x 4.65
				  AFA/Y=330.15 AFY). To ensure that the Pueblo of Tesuque receives the 330.15
				  AFY, the Pueblo of Tesuque and the upstream acequias have agreed that:
A. Upstream acequias may proceed with lawful
				diversions if, for a period of more than 48 hours:
(1) the USGS 08302500 Tesuque Creek Above
				Diversions gage indicates a flow of 3 cubic feet per second ("cfs") or more,
				or
(2) the USGS No.08308050 Rio
				Tesuque Below Diversions gage, at or near the Pueblo's southern boundary,
				indicates a flow of 1.5 cfs or more.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.122 - IDENTIFICATION AND REPORTING OF NON-PUEBLO IRRIGATED ACREAGE WHICH MAY NO LONGER BE ELIGIBLE FOR SECTION 4 PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The water master shall each year compile a
				list of non-Pueblo lands with surface water irrigation rights that were not
				irrigated in the past calendar year and that may no longer be eligible for
				section 4 protection.
B. The list
				shall include the names and addresses of the current owners of record as they
				are shown in subfile orders and the records of the office of the state
				engineer, a description of the location and amount of the non-irrigated
				acreage, and the number of consecutive years that the acreage has not been
				irrigated.
C. This list shall be
				made available for review on the state engineer's website and at the district
				VI office of the water rights division of the office of the state engineer, and
				shall be provided to each Pueblo and the United States by July 1 of the
				following year.
D. After four
				consecutive years of non-use, the water master shall provide written notice to
				the owner of record that the water right may no longer be eligible for section
				4 protection if the water right is not put to beneficial use within one year,
				subject to the exceptions described in Subsection C of 19.25.20.123
				NMAC.
E. If the water right is not
				put to beneficial use for more than five consecutive years the irrigation water
				right is no longer eligible for section 4 protection, unless the owner of the
				water right demonstrates that (1) such non-use is due to circumstances beyond
				the control of the water right owner and (2) that the water could not be placed
				to beneficial use by the owner's diligent efforts.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.123 - VOLUNTARY ALTERNATIVE ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to Pueblo alternative
				administration
,
voluntary alternative administration may be
				accepted by the water master if the criteria below are met. Voluntary
				alternative administration may include shortage sharing, such as, but not
				limited to, percentage division or pro rata allocation, rotation of water use,
				and reduced diversions. The owners of record of administrable water rights
				subject to priority administration may request that the water master implement
				a voluntary form of alternative administration by submitting a written plan to
				the water master that includes:
(1) an
				agreement by the owners of record to the terms and conditions of the
				plan;
(2) the name, address and
				phone number, and electronic mail address, if applicable, of the person
				designated as the contact person for the owners of record, or in the case of an
				acequia, the mayordomo of the ditch;
(3) a description of the water rights
				included in the plan, the proposed operation of the plan, the specific steps
				required of the water master to administer the plan, and requirements for
				reporting the progress of the plan to the water master; and
(4) a demonstration, through accurate
				analysis using analytic tools acceptable to the water master, that the
				implementation of the plan will:
(a)
				economically and satisfactorily apportion the available water supply among
				owners of record who have agreed to the alternative administration
				plan;
(b) not impair the
				administrable water rights of owners of record who are not participating in, or
				have not agreed to, the alternative administration plan;
(c) not be contrary to conservation of water
				in the State; and
(d) not be
				detrimental to the public welfare of the State.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.124 - APPORTIONMENT OF WATER BY ACEQUIAS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon notice to the water master of an agreement between
				  acequias taking water from the same source or river for the apportionment and
				  distribution of water for their respective ditches in accordance with Section
				  73-2-47
				  NMSA 1978, the water master may recognize the agreement as a form of voluntary
				  alternative administration under this rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.125 - ALLOCATION OF WATER BY THE BUREAU OF RECLAMATION, POJOAQUE VALLEY IRRIGATION DISTRICT

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing in this rule shall be construed as an assertion by
				  the state engineer of jurisdiction over the process used by the United States
				  bureau of reclamation, the Pojoaque Valley irrigation district, and the Pueblos
				  to allocate storage water prior to release from Nambé reservoir to
				  members of the Pojoaque Valley irrigation district and the Pueblos.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The administration of all natural waters flowing in streams
				  and watercourses, and supplemental groundwater, within the limits of the state
				  of New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Chapter 72, Articles 1, 2, 5, 6, 7 and 9, NMSA. Section
				  72-1-1
				  NMSA provides that all natural waters flowing in streams and water courses
				  belong to the public and are subject to appropriation for beneficial use.
				  Section
				  72-2-1
				  NMSA gives the state engineer general supervision of waters of the state and of
				  the measurement, appropriation and distribution thereof and such other duties
				  as required. Section
				  72-2-8
				  NMSA gives the state engineer authority to adopt regulations and codes to
				  implement and enforce any provision of any law administered by him and also
				  provides the state engineer with authority to issue orders necessary to
				  implement his decisions and to aid him in the accomplishment of his duties.
				  Section
				  72-2-9
				  NMSA gives the state engineer authority over and supervision of the
				  apportionment of water in this state according to the licenses issued by him
				  and his predecessors and the adjudications of the courts. Section
				  72-9-1
				  NMSA gives the state engineer authority to regulate reservoirs, canals,
				  pipelines or other works and the rights of the owners thereof. Nothing in these
				  rules shall be construed so as to limit the state engineer's authority to take
				  lawful alternative or additional actions relating to the management of surface
				  water resources.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards and procedures implementing the duties
				  of the state engineer as set forth by statute and further defined by judicial
				  decisions to supervise and administer the appropriation, allocation, and use of
				  surface water and supplemental groundwater of the state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.9 - NOTICE OF INTENTION TO FILE APPLICATION FOR PERMIT TO APPROPRIATE SURFACE WATER

Current through Register Vol. 35, No. 13, July 16, 2024
A notice of intention to file an application for permit to
				  appropriate surface water may be filed for the purpose of establishing priority
				  of application. The application shall be prepared and filed within one year of
				  the date of filing of the notice. A notice of intention to file an application
				  for permit to appropriate surface water, automatically expires at the end of
				  one year if an application as described in the notice of intention is not
				  filed.
A. Form - content: A notice of
				intention to file application for permit to appropriate surface water shall be
				filed on a form prescribed by the state engineer. A notice of intention shall
				include the following information: the name and address of the applicant, the
				use to which the water will be applied, the amount of water required for the
				proposed use, legal descriptions for the point of diversion and the place of
				use, the method of conveyance, and the annual water use schedule. The point of
				diversion shall be described using latitude and longitude or the New Mexico
				state plane coordinate system. If a notice lacks any of this information, it
				may be returned for completion.
B.
				Filing fee: A fee of $25 must accompany the notice of intention to file an
				application.
C. Rejection of notice
				of intention: When the state engineer is of the opinion that there is no
				unappropriated surface water available, the notice of intention shall be
				rejected or refused.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.10 - APPLICATION FOR PERMIT TO APPROPRIATE SURFACE WATER

Current through Register Vol. 35, No. 13, July 16, 2024
Any appropriation of surface water initiated on or after
				  March 19, 1907 requires a valid permit issued by the state engineer. Any
				  person, firm, corporation, public or private, or any other entity intending to
				  appropriate surface water shall file an application on a form prescribed by the
				  state engineer. Except where a notice of intention is filed, the date of filing
				  of an application for permit to appropriate establishes the priority of
				  application. Application maps (see
				  19.26.2.25
				  NMAC), preliminary surveys, design data and additional information shall be
				  included with an application to provide all essential facts relating to the
				  request.
A. Form - content: An
				application to appropriate surface water shall be filed on a form prescribed by
				the state engineer. The application shall include the following information:
				the name and address of the applicant, the proposed use, the annual diversion
				of water requested for the proposed use, legal descriptions of the point of
				diversion and the place of use, the method of conveyance, the annual diversion
				schedule, and other information the state engineer may deem necessary. The
				point of diversion shall be described using latitude and longitude or the New
				Mexico state plane coordinate system.
B. Filing fee: An application to appropriate
				surface water shall be accompanied with filing fees as follows:
(1) $25 for a rate of diversion amount not to
				exceed five (5) cubic feet of water per second;
(2) $25 plus $5 for each additional cubic
				foot per second over five (5) cubic feet per second, unless the appropriation
				is for power generation purposes and the amount of water diverted is returned
				to the river bed in substantially undiminished quantity, in which case, the
				filing fee shall be $25 plus $1 for each additional cubic foot per second
				required;
(3) $10 for each one
				thousand (1000) acre-feet, or fraction thereof, of storage capacity if the
				request is primarily for storage of excess and flood water;
(4) For a canal or other water conduit, $25
				where the capacity does not exceed fifty (50) cubic feet of water per second,
				and $10 for each additional fifty (50) cubic feet per second or fraction
				thereof.
(5) Additional required
				fees for examining plans and specifications for dams and for inspection of dam
				sites are described in 19.25.12 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.11 - CHANGES TO DECLARED, PERMITTED, LICENSED OR ADJUDICATED RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any change in point of diversion, place of use, or purpose of
				  use of declared, permitted, licensed, or adjudicated surface water rights may
				  be made only upon issuance of a permit by the state engineer. The owner of
				  record of a water right must be the applicant or co-applicant on an
				  application. An access agreement shall accompany an application if the
				  applicant is not the owner of the land on which a new point of diversion is
				  proposed.
A. Application for permit to
				change point of diversion: A permit from the state engineer is required to
				change any point of diversion. A point of diversion may be changed within a
				stream system without losing the priority of the right if such change can be
				made without detriment to existing surface water rights or impairment to
				existing ground water rights, and is not contrary to the conservation of water
				within the state nor detrimental to the public welfare of the state.
(1) Form - content: The owner of record of a
				water right shall file an application on a form prescribed by the state
				engineer. An application shall include the following information: the name and
				address of applicant, the pertinent state engineer file numbers, the source of
				water supply for the move-from point of diversion, the source of water supply
				for the move-to point of diversion, the priority date of the water right, the
				diversion amount, the consumptive use amount, the purpose of use, the reason
				for change, the legal description of the place of use, the location of the
				present point of diversion, the location of proposed point of diversion, and
				other information the state engineer deems necessary. The locations of the
				move-from and move-to points of diversion shall be described using latitude and
				longitude or the New Mexico state plane coordinate system. An application for a
				change in point of diversion of a water right into or out of an acequia or
				community ditch shall include the documentary evidence required by Subsection F
				of 19.26.2.11 NMAC.
(2) Filing fee:
				A fee of $100 must accompany each application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.13 - PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon state engineer approval an application becomes a permit.
				  A permit allows the permittee to place water to beneficial use in accordance
				  with the permit conditions of approval.
A. Construction of works and proof of
				completion: No works for the storage, diversion, or carriage of water may be
				constructed or substantially modified except in accordance with the permit
				conditions of approval. Any such construction or modification must be
				supervised by a professional engineer, registered in the state of New Mexico,
				unless the state engineer in his discretion expressly waives this requirement.
				On or before the date set in the permit for the completion of works, the
				permittee shall notify the state engineer that work has been completed by
				filing with the state engineer proof of completion of works.
(1) Form - content: The permittee shall
				submit proof of completion of works on a form prescribed by the state engineer.
				The form shall include the following information: the name and address of the
				permittee, the pertinent state engineer file number(s), the source of water
				supply, the name of the stream system, the location of point of diversion, a
				description of the constructed works - including diversion dams, storage dams,
				main canals, headgates, pipelines, flumes, reservoirs, and laterals, the date
				the construction of works was completed, a description of rights-of-way, and
				other information the state engineer deems necessary. The point(s) of diversion
				shall be described using latitude and longitude or the New Mexico state plane
				coordinate system. If the proof of completion form filed by the permittee lacks
				any of this information, it may be returned for completion.
(2) Filing fee: A fee of $25 must accompany a
				proof of completion of works.
(3)
				Unsafe or defective construction: Upon submission of a proof of completion of
				works, the state engineer will order the inspection of the works after notice
				to the permittee. At any time before or after issuance of a certificate of
				construction, the state engineer may order the inspection of the works after
				notice to the permittee. If the state engineer determines after inspection that
				the works for the storage, diversion, or carriage of water are unsafe or do not
				comply with the permit conditions of approval, the state engineer may require
				the permittee to make necessary changes within a reasonable time.
(4) Certificate of construction: Upon
				completion of the works to the satisfaction of the state engineer, the state
				engineer will issue a certificate of construction, which shall describe the
				constructed works, the location of the point(s) of diversion, the capacities of
				the works for the storage, diversion, or carriage of water, and certify the
				adequacy of the works for the permitted uses.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.15 - PONDS AND OTHER IMPOUNDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A permit is required to capture or store surface water in an
				  impoundment. An application to capture and store surface water shall be filed
				  pursuant to
				  19.26.2.10
				  NMAC or
				  19.26.2.11
				  NMAC unless the impoundment of water is authorized as a livestock watering
				  impoundment under
				  19.26.2.14
				  NMAC. A permit to appropriate water is required for an impoundment created by
				  constructed works, sand and gravel operations, or mining operations, including
				  excavations that fill with water. Dams exceeding 10 feet in height or that can
				  store in excess of 10 acre-feet shall meet the requirements of 19.25.12
				  NMAC.
A. Form - content: An
				application for an impoundment shall be filed pursuant to the requirements of
				19.26.2.10 NMAC or 19.26.2.11 NMAC. In addition to the information required for
				an application filed under 19.26.2.10 NMAC or 19.26.2.11 NMAC, an application
				for a pond or other impoundment shall also include: the name of the proposed
				impoundment, the location of the impoundment using public land survey system,
				latitude and longitude, or the New Mexico state plane coordinate system, the
				maximum depth of the impoundment, the perimeter of the impoundment, the maximum
				surface area, the estimation of annual evaporative losses, the slope(s) of the
				interior basin, the outlet conduit size and slope, a table showing the stage,
				surface area and storage capacity of the impoundment, and the time to empty the
				impoundment.
B. Flood control: No
				permit to appropriate water is required for an impoundment when the primary
				purpose of the impoundment is flood control, provided the outlet drains the
				impoundment (from the spillway crest) in 96 hours. The water shall not be
				detained in the impoundment in excess of 96 hours unless the state engineer has
				issued a waiver to the owner of the impoundment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.17 - CHANGE OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
In the event of any changes of ownership affecting the title
				  to a declaration, permit, license, or adjudicated water right, the new owner
				  shall file a change of ownership form with the state engineer. The new owner
				  shall file a separate change of ownership for each declaration, permit,
				  license, or adjudicated water right of record filed with the state engineer.
				  Upon acceptance by the state engineer for filing, the new owner shall record a
				  copy of the change of ownership form filed with the state engineer with the
				  clerk of the county in which the declaration, permit, license, or adjudicated
				  water right is located.
A. Form -
				content: The new owner shall file a change of ownership in duplicate on a form
				prescribed by the state engineer. A change of ownership shall include the
				following information: the name of the owner of record, the name and address of
				the new owner, the state engineer file number, the diversion amount, the
				consumptive use amount, the purpose of use, the legal description of the place
				of use, the priority date(s), and any other information the state engineer
				deems necessary. The new owner shall sign each form before a notary. If a
				change of ownership form lacks any of this information, it may be returned for
				completion.
B. Filing fee: A fee of
				$5 must accompany a change of ownership form.
C. Proof of ownership: The new owner shall
				attach to the change of ownership form a copy of a warranty deed or other
				instrument of conveyance that has been duly recorded with the clerk of the
				county in which the declaration, permit, license, or adjudicated water right is
				located. The warranty deed or other instrument of conveyance shall show the
				ownership of the declaration, permit, license, or adjudicated water right in
				the name of the new owner. The state engineer will not accept for filing a
				change of ownership form that is not accompanied by a recorded instrument of
				conveyance.
(1) Acceptable instruments of
				conveyance for the purposes of this section include, but are not limited to,
				warranty deeds, special warranty deeds, quitclaim deeds, personal
				representative's deeds, special master's deeds, and tax deeds, where such
				instruments unconditionally convey present title to the declaration, permit,
				license, or adjudicated water right.
(2) Real estate installment sales contracts
				or memoranda of such contracts, mortgages, instruments conveying security
				interests, or other documents that do not on their face unconditionally convey
				present title to the declaration, permit, license, or adjudicated water right
				are not acceptable instruments of conveyance for the purposes of this
				section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.18 - LEASE OF WATER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
An owner of a water right may lease all or any part of their
				  right for a period not to exceed ten (10) years pursuant to Section
				  72-6-3
				  NMSA except that a water right may be leased for a period not to exceed forty
				  years by a forty year planning entity as provided in Section
				  72-1-9
				  NMSA. Transfers of agricultural water to municipal/industrial use pursuant to
				  Section
				  73-10-48
				  NMSA will be covered by rules and regulations promulgated pursuant to the
				  statute. Prior to the use of water pursuant to a lease, if the proposed point
				  of diversion or place or purpose of use differs from that of the owner's water
				  right in any respect, a permit must be obtained from the state engineer for the
				  term of the lease. The procedure for filing an application shall be the same as
				  described in
				  19.26.2.11
				  NMAC. The amount of water that an owner/lessor may use during the term of a
				  lease shall be reduced by the amount of water so leased. Upon termination of
				  such a lease, the point of diversion and place and purpose of use subject to
				  the lease shall revert to the owner's original point of diversion and place and
				  purpose of use. Renewal of a lease shall require a new application, unless a
				  longer period has been previously applied for, advertised, and approved by the
				  state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.20 - FORFEITURE AND ABANDONMENT OF A WATER RIGHT

Current through Register Vol. 35, No. 13, July 16, 2024
A water right may be lost for nonuse in two ways. First, the
				  right may be forfeited pursuant to Section
				  72-5-28
				  NMSA or Section
				  72-12-8
				  NMSA. Alternatively, the right may be abandoned. Abandonment is a judicial
				  doctrine.
A. Forfeiture: All or any
				part of a water right is subject to forfeiture when a person entitled to the
				use of water fails to apply water to beneficial use for a period of four or
				more consecutive years. If the state engineer determines that a water right is
				subject to forfeiture, the water right owner will be sent a notice and
				declaration of nonuse by certified mail. If failure to apply water to its
				associated beneficial use persists for one year after receipt of notice and
				declaration of nonuse given by the state engineer the water right will be
				forfeited and the unused water shall revert to the public. The requirement for
				an issuance of a notice and declaration of nonuse by the state engineer shall
				not apply to water that has reverted to the public by operation of law prior to
				June 1, 1965 (see Sections
				72-5-28
				and
				72-12-8
				NMSA). Periods of non-use for the following reasons shall not be applied
				towards the four or more consecutive year period required for a water right to
				be subject to forfeiture:
(1) Despite the
				diligent effort on the part of the water right owner, circumstances beyond the
				control of the water right owner have prevented the application of water to
				beneficial use.
(2) The state
				engineer has granted an extension of time in which to apply water to beneficial
				use.
(3) The water is part of a
				state engineer approved water development plan (see 19.26.2.19 NMAC).
(4) The water right owner is on active duty
				in the armed forces of the United States of America.
(5) The water right is acquired and placed in
				a state engineer approved water conservation program.
(6) The water right is appurtenant to
				irrigated farm lands which have been placed under the acreage reserve or
				conservation reserve program provided by the Food Security Act of 1985, P.L.
				99-108.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.25 - APPLICATION MAPS

Current through Register Vol. 35, No. 13, July 16, 2024
An application for appropriation, change in point of
				  diversion or change in place and/or purpose of use shall require a map
				  delineating the proposal described in the application. The map shall include a
				  description of all lands, point(s) of diversion, place(s) of use, accurate
				  locations of canals and streams, and other relevant features included in the
				  application. In general, maps accepted by the state engineer are: irrigation
				  and conservancy district maps, maps prepared by a licensed professional
				  surveyor or engineer, and state engineer hydrographic survey maps. Plan
				  drawings and maps prepared with the aid of a computer shall be submitted with a
				  copy of the digital data files in a format acceptable to the state
				  engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.28 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion of this part is found to be invalid, the
				  remaining portion of this part shall remain in force and not be
				  affected.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 10 - DECLARATION OF PECOS VALLEY SURFACE WATER DISTRICT, PECOS RIVER STREAM SYSTEM › Section 19.26.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of State Engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 10 - DECLARATION OF PECOS VALLEY SURFACE WATER DISTRICT, PECOS RIVER STREAM SYSTEM › Section 19.26.10.8 - DECLARATION OF LOWER PECOS WATER DISTRICT OF PECOS RIVER STREAM SYSTEM: Order No. 31

Current through Register Vol. 35, No. 13, July 16, 2024
A. WHEREAS the
				United States district court for the district of New Mexico handed down a
				decree on May 9, 1933, entitled "The United States of America, plaintiff, vs.
				Hope community ditch, et al, defendants., no. 712 Equity" defining the rights
				of the several parties to the use of water along the Pecos river in New Mexico
				and some of its tributaries, and
B.
				WHEREAS, on the 6th day of May, 1935, said court relinquished jurisdiction of
				said cause to the state engineer, and
C. WHEREAS, the district court for the fifth
				judicial district of the state of New Mexico handed down a decree on June 7,
				1931, in cause No. 5144, defining the rights from Pecos river, exclusive of
				Black river, for the lands below lake Avalon and north of the Texas New Mexico
				boundary, and
D. WHEREAS, certain
				water rights along Black river were defined by the district court for the fifth
				judicial district in cause no. 112, by decree issued January 3, 1912, and by
				certain court orders related thereto, and
E. WHEREAS, in order to properly distribute
				the waters of the lower Pecos river in De Baca, Chaves and Eddy counties, New
				Mexico, the employment of a water master in and for said sub-district of the
				Pecos river stream system is necessary;
F. NOW, THEREFORE, I. John H. Bliss, duly
				appointed and qualified state engineer of the state of New Mexico, in
				accordance with Section 77-301 New Mexico Statutes, 1941 Annotated, do hereby
				declare the lower Pecos sub-district of the Pecos river system as hereinafter
				described to be a water district in the state of New Mexico for the purpose of
				administration and distribution of the waters thereof. The limits of the water
				district subject to the jurisdiction of the water master are as follows:
(1) the Pecos river from the mouth of Buffalo
				creek in township 1 south, range 26 east to the New Mexico-Texas state
				line,
(2) Salt creek below the
				mouth of Cienega del Macho;
(3) Rio
				Felix downstream from Hagerman canal;
(4) Rio Penasco downstream from the west line
				of township 18 south, range 26 east;
(5) the Black river stream system.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 10 - DECLARATION OF PECOS VALLEY SURFACE WATER DISTRICT, PECOS RIVER STREAM SYSTEM › Section 19.26.10.9 - DECLARATION OF PECOS RIVER WATER DISTRICT OF PECOS RIVER STREAM SYSTEM: Order No. 55

Current through Register Vol. 35, No. 13, July 16, 2024
A. WHEREAS, the
				United States district court for the district of New Mexico handed down a
				decree on May 9, 1933, entitled "The United States of America, plaintiff, vs.
				Hope community ditch, et al, defendants, No. 712 equity" defining the rights of
				the several parties to the use of water along the Pecos river in New Mexico and
				some of its tributaries, and
B.
				WHEREAS, on the 6th day of May, 1935, said court relinquished jurisdiction of
				said cause to the state engineer, and
C. WHEREAS, the district court for the fifth
				judicial district of the state of New Mexico handed down a decree on. June 7,
				1931, in cause no. 5144, defining the rights from the Pecos river, exclusive of
				Black river, for the lands below lake Avalon and north of the Texas-New Mexico
				boundary, and
D. WHEREAS, certain
				water rights along Black river were defined by the district court for the fifth
				judicial district in cause no. 112, by decree issued January 3, 1912, and by
				certain court orders related thereto, and
E. WHEREAS, in order to properly distribute
				the waters of the Pecos river in San Miguel, Guadalupe, De Baca, Chaves and
				Eddy counties, New Mexico, the employment of a water master in and for said
				sub-district of the Pecos river stream system is necessary, and
F. WHEREAS, on July 1, 1952, the lower Pecos
				water district was declared by the state engineer, and
G. WHEREAS, it is now found to be necessary
				to administer a larger area of the Pecos river than has heretofore been
				administered under the declaration of July 1, 1952;
H. NOW, THEREFORE, I, S. E. Reynolds, duly
				appointed and qualified state engineer of the state of New Mexico, in
				accordance with Section
				75-3-1,
				New Mexico Statutes Annotated, 1953, do hereby declare the Pecos river
				sub-district of the Pecos river system as hereinafter described to be a water
				district in the state of New Mexico for the purpose of administration and
				distribution of the waters thereof. The limits of the water district subject to
				the jurisdiction of the water master are as follows:
(1) the Pecos river from the mouth of Cow
				creek in section 24, township 14 north, range 13 east, to the New Mexico-Texas
				state line;
(2) the Rio Agua
				Chiquita stream system and the Santa Rosa swamps;
(3) Salt creek below the mouth of Cienega del
				Macho;
(4) the Rio Hondo and
				tributaries (including the northern canal system of the Hagerman irrigation
				company) downstream from the west line of range 24 east.
(5) Rio Felix, downstream from the Hagerman
				canal;
(6) Rio Penasco, downstream
				from the west line of township 18 south, range 26 east;
(7) Black river stream system.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM › Section 19.26.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of State Engineer ("OSE").
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM › Section 19.26.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all waters of the Gallinas river located
				  in San Miguel and Guadalupe counties, state of New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM › Section 19.26.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Section
				72-2-8
				NMSA (1997 Repl.) authorizes the OSE to develop, adopt, and promulgate all
				rules necessary to implement and administer the provisions of the Water
				Code.
B. New Mexico law declares
				that all natural water flowing in streams and watercourses, whether such be
				perennial, or torrential, within the limits of the state of New Mexico, belong
				to the public and are subject to appropriation for beneficial use. NMSA 1978,
				Section 72-1-1(1907).
C. The state
				engineer has a statutory duty to provide general supervision of waters of the
				state and of the measurement, appropriation, distribution thereof and such
				other duties as required. NMSA 1978, Section 72-2-1(1907).
D. The state engineer has the responsibility
				for appropriation of the state's waters in accordance with the laws of the
				state. NMSA 1978, Section 72-2-1(1907); Const. Art. XVI, Section 2.
E. The state engineer is authorized to
				establish water districts upon any stream system within the state of New Mexico
				as necessary for the economical and satisfactory apportionment of said waters.
				NMSA 1978, Section 72-3-1(1907).
F.
				The state engineer is authorized to divide a stream system into sub-districts,
				each of which said sub-district shall be designated by a distinct name. NMSA
				1978, Section 72-3-1(1907).
G. The
				state engineer is authorized, if in his opinion it is in the interest of public
				safety or the best interest of water users in a water district, to appoint a
				water master who shall have immediate charge of the apportionment of waters in
				his district under the general supervision of the state engineer, and shall so
				appropriate, regulate and control the waters of such water districts so as to
				prevent waste. NMSA 1978, Section 72-3-2(1907).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM › Section 19.26.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 29, 2003, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM › Section 19.26.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to declare the Gallinas River
				  Water Sub-District of the Pecos River Stream System and to appoint a water
				  master who will have immediate charge of such apportionment of such waters of
				  the Gallinas river.