reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.11 - STATE ENGINEER AUTHORITY TO CREATE WATER MASTER DISTRICTS AND APPOINT WATER MASTERS

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may create water master districts and
				  appoint water masters in any drainage areas of the state pursuant to Section
				  72-3-1
				  through Section
				  72-3-5
				  NMSA and these regulations. The water master district manager shall provide the
				  water master with guidelines for administration, including his determination,
				  for purposes of administration, of all administrable water rights within the
				  water master district. Water master guidelines shall be in the form of a water
				  master manual applicable to each water master district or sub-district.
				  Comments from the public shall be taken and considered prior to finalizing the
				  water master manuals. Notice shall be provided in accordance with Subsection D
				  of
				  72-2-8
				  NMSA. The state engineer may administer water rights pursuant to a draft water
				  master manual for a specific period of time, which will be determined in the
				  district-specific regulations, prior to finalizing a manual so that the adopted
				  manual will be based upon actual experience and the collective comments of the
				  water right owners in the district.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.12 - CREATION OF A WATER MASTER DISTRICT

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may create water master districts within
				  the state, provided that:
A. the state
				engineer finds that the creation of such a water master district is necessary
				for the economical and satisfactory administration of water;
B. the boundaries of the water master
				districts are in conformity with drainage areas as defined by the state
				engineer;
C. the water master
				districts are designated by names; and
D. as far as possible, the water master
				districts comprise one or more stream systems or stream reaches, including
				hydrologically connected groundwater, as defined by the state
				engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.13 - CHANGING A WATER MASTER DISTRICT

Current through Register Vol. 35, No. 13, July 16, 2024
Water master districts may be changed from time to time, as
				  may be necessary in the opinion of the state engineer, for the economical and
				  satisfactory apportionment of water.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.14 - CREATION OF WATER MASTER SUBDISTRICTS

Current through Register Vol. 35, No. 13, July 16, 2024
When, in his opinion, it shall be in the best interests of
				  the state and the owners of water rights within any stream system within the
				  state, the state engineer may divide water master districts further into
				  sub-districts, each of which shall be designated by a distinct
				  name.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.15 - APPOINTMENT OF A WATER MASTER

Current through Register Vol. 35, No. 13, July 16, 2024
Where the state engineer has created a water master district,
				  the state engineer shall:
A. appoint a
				water master for such district upon the written application of a majority of
				the water right owners of any water master district; or
B. appoint a water master to administer the
				water master district and sub-districts where the state engineer finds that the
				public safety or interests of the state or water right owners in any water
				master district in the state require the appointment of a water master; where a
				water master has been appointed pursuant to such a finding, he may be appointed
				on either a temporary or a permanent basis.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.16 - GENERAL AUTHORITY OF A WATER MASTER

Current through Register Vol. 35, No. 13, July 16, 2024
The water master shall have immediate charge of the
				  administration of waters within a water master district as necessary to protect
				  the public safety and the interests of water right owners in a district or for
				  the economic and satisfactory apportionment of water to all administrable water
				  rights from the available water supply, and shall so regulate and control the
				  waters of the district as to prevent waste. Administration implemented by the
				  water master may be direct flow administration, storage water administration,
				  depletion limit administration, alternative administration, or any combination
				  thereof, as defined by district-specific regulations, depending on the physical
				  and legal circumstances affecting the water resources and administrable water
				  rights of the water master district. The water master may, as necessary, to
				  effect administration:
A. determine
				the available supply of water from time to time, considering conveyance losses,
				as appropriate and necessary for effective administration;
B. implement administration of the storage,
				diversion, and use of the waters of the water master district in accordance
				with the administrable water rights;
C. administer the diversion of the waters of
				the water master district in priority or under an alternative
				administration;
D. administer
				diversions of the waters of the water master district in accordance with any
				administration date declared by the state engineer;
E. facilitate the formation and operation of
				water right owner groups to, among other things, improve the management of
				water supplies, water conservation, cooperation among water right owners and
				administration;
F. facilitate the
				negotiation and implementation of alternative administration agreements,
				including cooperative agreements, for sharing available water
				supplies;
G. adjust headgates and
				restrict diversions or pumping as required to administer water in accordance
				with principles of prior appropriation and beneficial use, to prevent the
				illegal use of water, and to prevent waste; and
H. exercise all such authority as is required
				to accomplish effective water rights administration.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.18 - NO CHANGE IN DITCH SYSTEM MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Except as required in the performance of the water master's
				  duties to regulate the distribution of water from the various stream systems of
				  the state to the points of diversion of ditches and irrigation systems entitled
				  to water therefrom, these rules and regulations shall not be construed to
				  affect the internal management of projects, including acequias or community
				  ditches and other water delivery systems, in accordance with Section
				  72-9-2
				  NMSA, which provides for the distribution of water from the ditches and
				  acequias according to local or community customs, rules and regulations that
				  have been properly adopted. The state engineer's authority, and that of his
				  water master, to regulate the diversion of water from the source to a ditch or
				  acequia is unaffected by either Section
				  72-9-2
				  NMSA or this provision.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.19 - WATER MASTER SUPERVISION OF MEASUREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
In all districts in which water masters are appointed, water
				  masters shall have the authority to supervise the measurement of water in order
				  to conduct administration.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.20 - HEADGATES AND MEASURING DEVICES REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer shall determine those points of diversion
				  from, and return flow discharge to, the stream system where measuring devices
				  are necessary for the efficient administration of water within the water master
				  district. The owners of private ditches, the commissioners of acequias or
				  community ditches, the boards of irrigation and conservancy districts, and all
				  other owners of administrable water rights and operators of projects that are
				  notified by the water master of the need to comply with this rule shall cause
				  to be installed and maintained headgates and measuring devices of types and at
				  locations acceptable to the water master, as may be provided by
				  district-specific rules and regulations, once promulgated and adopted by the
				  state engineer and ordered by the state engineer, or as otherwise ordered
				  pursuant to Paragraph 3 of Subsection B of Section
				  72-2-8
				  NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.21 - WATER TO BE DIVERTED OR DELIVERED THAT WILL BE PLACED TO ACTUAL BENEFICIAL USE; ESTABLISHING BENEFICIAL USE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
If a particular water right is in-priority, the water master
				  shall allow the diversion or delivery of water that will be put to actual
				  beneficial use without waste. The water master shall make such investigations,
				  including inspections of lands, well records, diversion records and municipal
				  records, as are necessary to determine, for purposes of administration, the
				  current beneficial use needs for all types of water uses under administrable
				  water rights during periods of priority administration. Water deliveries for
				  irrigation uses shall not be made unless the land on which water will be used
				  has an administrable water right as determined by the state engineer. Nothing
				  in this provision shall be construed to allow the water master to prefer some
				  beneficial uses to other beneficial uses on any grounds other than priority,
				  unless he is doing so pursuant to local agreements through alternative
				  administration. Such determination shall not affect the maximum legal
				  entitlement to water.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.22 - FARM DELIVERY AND PROJECT DIVERSION REQUIREMENT DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In the absence of applicable court orders or adjudication
				  decrees, the state engineer shall, prior to administration, make a
				  determination of farm delivery and project diversion requirements in water
				  master districts that are subject to administration. The project diversion
				  requirement may be expressed as a maximum rate of diversion, an annual maximum
				  diverted volume of water for a specified use, or both. The state engineer may
				  modify these determinations based on new information, including field
				  experience of the water master. None of the requirements of this provision
				  shall apply if a determination adequate for effective water administration has
				  been made by a court of competent jurisdiction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.23 - OBJECTIONS TO, AND STATE ENGINEER REVIEW OF, WATER MASTER DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Objections to any act or failure to act of a water master
				  shall be made in the first instance informally, or in writing, to the water
				  master who shall take prompt action on the objection if he determines that any
				  action is warranted. If the water master fails to resolve the objection,
				  further objections shall be made to the state engineer, who shall hear the
				  matter in accordance with Section
				  72-3-3
				  NMSA. Streamlined processes for the prompt hearing of appeals from water master
				  decisions shall be set up for each water master district. Filing of an
				  objection to an act or failure to act by the water master will not stay the
				  water master's action or failure to act, or his authority to administer the
				  water right, pending resolution of the objection.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.24 - WATER MASTER ADMINISTRATION OF AN ADMINISTRATION DATE

Current through Register Vol. 35, No. 13, July 16, 2024
In the event that the state engineer determines an
				  administration date for a water master district, the water master shall oversee
				  the curtailment of all administrable water rights junior to the administration
				  date. The water master shall not allow out-of-priority use in the absence of a
				  replacement plan approved by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.25 - WATER MASTER ENTRY ON PRIVATE OR PUBLIC LAND

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  72-8-1
				  NMSA, the water master shall have the right to enter private or public lands in
				  order to:
A. install, inspect, read,
				and adjust measuring devices and require the replacement or repair of such
				measuring devices;
B. inspect and
				adjust headgates or require the repair of such headgates;
C. make seepage evaluations;
D. conduct inspections of canals, wells,
				wasteways or sluiceways;
E. prevent
				waste and prevent illegal water use;
F. cap, lock or otherwise temporarily disable
				any mechanism for illegal diversion; and
G. perform such other duties as are required
				to accomplish administration.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.26 - WATER MASTER REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Annually, the water master shall submit a report including a
				  record of total diversions and deliveries of direct flow water and storage
				  water, as applicable, a statement of expenditures, a list of infrastructure and
				  metering improvements needed or performed, problems encountered, and any other
				  pertinent issues or aspects of administration. The report shall also address
				  the amount of water needed to supply the requirements of the water master
				  district, the amount available, the works which are without their proper
				  supply, the supply required during the period preceding the water master's next
				  regular report and such other information as the state engineer may require.
				  The report shall be submitted to the state engineer and be publicly available
				  for inspection and copying, at the requestor's expense.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.27 - ADMINISTRABLE WATER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
The water master district manager for each water master
				  district will define each administrable water right by its elements as set
				  forth in Subsections A through G below. In all instances where the state
				  engineer makes determinations of priority based on best available evidence as
				  set forth in Subsections A through G below, he shall publish a list of his
				  determination of the water rights in the water master district for review and
				  provide opportunity to affected water right owners to informally present
				  evidence. The state engineer shall hear objections to the water master district
				  manager's determination of an administrable water right in accordance with
				  Section
				  72-2-16
				  NMSA. Filing of an objection to the water master district manager's
				  determination of an administrable water right will not stay the state
				  engineer's administration based upon that determination, pending resolution of
				  the objection. Appeals from decisions of the state engineer shall be in
				  accordance with Section
				  72-7-1
				  NMSA. The water master district manager for each water master district will
				  define each administrable water right by its elements as set forth in:
A. a partial final decree or a final decree
				entered by an adjudication court of competent jurisdiction, subject to any
				state engineer permit issued subsequent to entry of said adjudication decree;
				or, if no decree has been entered, then;
B. a subfile order entered by an adjudication
				court of competent jurisdiction; or, if no subfile order has been entered,
				then;
C. an offer of judgment
				signed by the defendant in a water rights adjudication; or, if no offer of
				judgment has been signed, then;
D.
				a hydrographic survey conducted and filed in accordance with Section
				72-4-17
				NMSA or Section
				72-4-16
				NMSA; or, if no hydrographic survey has been filed, then;
E. a license issued by the state engineer;
				or, if no license has been issued, then:
F. a permit issued by the state engineer,
				accompanied by proof of actual beneficial use; and
G. a determination made by the state engineer
				based on the best available evidence, consisting of, where available, any
				filings with the office of the state engineer, field or documentary evidence of
				beneficial use associated with the right including historical aerial
				photography, diversions records of historical diversions, historical studies
				containing evidence regarding water use, and data regarding irrigation and
				water delivery system requirements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.28 - SUPERSESSION BY A COURT

Current through Register Vol. 35, No. 13, July 16, 2024
Any determinations made by the state engineer for
				  administration purposes within any district subject to administration in the
				  absence of a completed adjudication shall be subject to any decrees issued by
				  an adjudication court of competent jurisdiction or any court of competent
				  jurisdiction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.29 - ADMINISTRATION BY ADMINISTRATION DATE

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may adopt an administration date, based on
				  his best professional judgment of the water supply available for consumptive
				  use by water right owners in the water master district or for depletion within
				  the state of New Mexico as may be appropriate, and the date on which that
				  administration date will be effective, by order in accordance with Paragraph 3
				  of Subsection B of
				  72-2-8
				  NMSA, for any water master district. The state engineer may revise an
				  administration date as necessary to achieve the objectives of these rules and
				  regulations. The state engineer shall publish the adoption or revision of an
				  administration date once a week for two consecutive weeks in two newspapers of
				  general circulation within the water master district affected by such adoption
				  or revision. Upon the effective date of an administrative date, all
				  out-of-priority administrable water rights must cease diversion, except as
				  provided by an approved replacement plan. Determination of an administration
				  date shall be ordered to implement depletion limit administration and shall be
				  specifically provided for by the provisions of district-specific regulations to
				  achieve compliance with an interstate stream compact; or, in the state
				  engineer's performance of his duties under Section
				  72-2-1
				  NMSA upon further formal state engineer action pursuant to Section
				  72-2-8
				  NMSA for reasons of public safety or the interests of the water right owners in
				  the district.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.30 - OBJECTION TO, AND STATE ENGINEER REVIEW OF, STATE ENGINEER DETERMINATION OF AN ADMINISTRATION DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Owners of administrable water rights are encouraged to
				  resolve objections to the state engineer's determination of an administration
				  date informally with the state engineer's district office. If such informal
				  negotiations fail, the state engineer shall hear objections to his
				  determination of an administration date in accordance with Section
				  72-2-16
				  NMSA. Filing of an objection to an administration date will not stay the state
				  engineer's administration by administration date, pending resolution of the
				  objection. Appeals from decisions of the state engineer shall be in accordance
				  with Section
				  72-7-1
				  NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.31 - APPLICATION FOR APPROVAL OF REPLACEMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
Replacement plans are available only during state engineer
				  priority administration of the available water supply to prevent serious and
				  imminent economic harm in response to, and only until water rights are
				  permanently transferred, if necessary. The state engineer may approve
				  replacement plans based on the adopted generalized hydrologic analysis that, in
				  his professional judgment, provide sufficient replacement water to fully offset
				  depletions to surface waters caused by out-of-priority diversions in order to
				  prevent impairment of senior water right owners by the junior water right owner
				  that would otherwise be out-of-priority. Replacement plans may be approved
				  temporarily until permanent transfer of water is effected for water right
				  owners who are likely to face permanent curtailment, or for limited periods
				  when a water right owner is not likely to face permanent curtailment. The owner
				  of an out-of-priority administrable water right that is subject to
				  administration in a water district may submit to the state engineer an
				  application for approval of a replacement plan. The application shall contain
				  the following information:
A. the name
				and address of the applicant;
B.
				the location, amount and priority date of applicant's existing administrable
				water right;
C. each source of
				replacement water and the amount of historic consumptive use related to the
				water right that is the source of replacement water, to be established by
				documentation satisfactory to the state engineer;
D. an estimate of the amount of water to be
				diverted by the applicant;
E. a map
				acceptable to the state engineer showing the source and point of diversion of
				the replacement water and the location of the proposed use;
F. a copy of any agreement between the
				applicant and the owner of water to be used as replacement water, or other
				documentation demonstrating to the state engineer's satisfaction that the
				applicant has a legal entitlement to a source of water to be used as
				replacement water;
G. the expected
				duration of the plan; and
H. any
				other information the state engineer deems necessary.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.32 - GENERALIZED HYDROLOGIC ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer will develop a generalized hydrologic
				  analysis for a water master district subject to administration as the basis for
				  the development, review and approval of replacement plans within that water
				  master district. The generalized hydrologic analysis will be based upon, and
				  obtained from, the best available hydrologic model or models designated by the
				  state engineer for the water master district. The hydrologic models based upon
				  the best available hydrogeologic data will take into account existing surface
				  and groundwater diversions and the combined effect of groundwater and surface
				  water uses on the basin groundwater and surface water system. Adoption of a
				  generalized hydrologic analysis shall be undertaken in conjunction with the
				  public rule-making process for district-specific regulations pursuant to
				  Subsection D of
				  72-2-8
				  NMSA. The generalized hydrologic analysis shall include guidelines for the
				  approval of applications. If an applicant agrees to the use of the generalized
				  hydrologic analysis in the review of his application, the state engineer shall
				  expedite his review of the application on that basis. The generalized
				  hydrologic analysis may be adopted as part of basin-specific regulations
				  developed by the state engineer for a specific water master district, or
				  subsequent thereto. A generalized hydrologic analysis shall not be adopted in
				  the absence of proposed district-specific regulations for administration. After
				  consideration of public comment on a proposed generalized hydrologic analysis,
				  the state engineer may adopt a generalized hydrologic analysis for use to
				  evaluate replacement plans pertinent to administration within the water master
				  district. In order to adopt a generalized hydrologic analysis, the state
				  engineer shall find that it is sufficiently conservative to assure that any
				  replacement plan that is approved:
A.
				will not impair in-priority administrable water rights and by limiting
				diversions under the replacement plan to no more than the average of recent
				historical beneficial use will be a sufficient basis for such a finding;
				and
B. will not result in any
				increase in depletions within the water master district; accepting an
				applicant's assurance that no water shall be diverted under that portion of the
				in-priority administrable water right that is committed to the replacement
				plan, and finding that foregone average historic depletions associated with the
				temporarily transferred in-priority water right are at least 10 percent greater
				than the average historic depletions associated with the out-of-priority
				administrable water right, are together a sufficient basis for such a
				finding.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.33 - APPROVAL OF REPLACEMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer shall determine the adequacy of each
				  source of water proposed for use as replacement water based upon the
				  generalized hydrologic analysis adopted by the state engineer. Replacement
				  plans shall be approved for a period not to exceed two years but may be renewed
				  upon application. Upon finding that the approval of a replacement plan meets
				  the criteria of Section
				  19.25.13.32
				  NMAC, is necessary to prevent crop loss or other serious economic harm to the
				  owner of an out-of-priority administrable water right, and is not contrary to
				  conservation of water or the public welfare of the state, the state engineer
				  shall approve the replacement plan. The state engineer may require such terms
				  and conditions for the approval of a replacement plan as he deems to be
				  necessary, including time limitations on the duration of the replacement plan.
				  State engineer approvals of replacement plans shall be presumed to be in proper
				  implementation of the provisions of the water laws administered by him as
				  provided by Subsection H of
				  72-2-8
				  NMSA. Any approved replacement plan shall continue in effect during the course
				  of objections and appeals proceedings.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.34 - AMENDMENT AND RENEWAL OF REPLACEMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
The holder of a replacement plan may submit an application to
				  the state engineer at any time during the term of the replacement plan to amend
				  or renew the replacement plan. Upon state engineer determination that the
				  permanent acquisition of a senior water right to replace the depletions caused
				  by the exercise of an out-of-priority water right is not required, or upon a
				  showing of a good faith effort to permanently acquire a senior water right in
				  the absence of such a determination, the state engineer may approve the renewal
				  or amendment of a replacement plan in the same manner as set forth in Section
				  19.25.13.33
				  NMAC, after a review of any new information or evidence of changed conditions
				  submitted in support of the application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.35 - ACCURACY OR SUFFICIENCY OF INFORMATION; MODIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Each applicant for, or holder of, a replacement plan is
				  responsible for the accuracy and sufficiency of all material information
				  provided in support of the application to the state engineer before or after
				  approval of the replacement plan. If an approved replacement plan proves to be
				  insufficient to replace depletions, the state engineer may require the holder
				  of a replacement plan to provide additional replacement water at any time
				  during the term of the replacement plan or within a reasonable period after the
				  term of the replacement plan if necessary to offset cumulative
				  impacts.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.36 - REVOCATION OF REPLACEMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may revoke approval of a replacement plan,
				  in whole or in part, where material information provided by the applicant for,
				  or the present holder of, the replacement plan is inaccurate; for
				  non-compliance with the terms and conditions of the replacement plan; or for
				  non-compliance with these rules. Upon revocation of a replacement plan, to the
				  extent of the revocation, all diversions authorized by the revoked portion of
				  the replacement plan must cease and the holder of the replacement plan must,
				  within a reasonable period after revocation of the replacement plan, replace
				  the diversion and depletion overruns incurred, if any.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.37 - FALLOWING AND NON-USE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Water once committed to a replacement plan cannot be used for
				  any other purpose during the term of the replacement plan. In the event that
				  the source of replacement water is irrigated land, the land to which the water
				  right being used for replacement water is appurtenant shall be fallowed.
				  Fallowed land shall not be irrigated from any source, including domestic and
				  supplemental wells, without written approval by the state engineer. Fallowed
				  land shall be specifically identified by map or survey, or by other means
				  acceptable to the state engineer. Without written approval by the state
				  engineer, no water shall be diverted on, or delivered to, fallowed land during
				  the period in which the water is being used as replacement water. In the event
				  the source of replacement water is not irrigated land, the use to which the
				  owner of the water right that is the source of replacement water is entitled
				  under his right shall, during the term of the replacement plan, be reduced by
				  the amount of water committed to the replacement plan.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.38 - FORMATION OF WATER RIGHT OWNER GROUPS

Current through Register Vol. 35, No. 13, July 16, 2024
Water right owners are encouraged to form water right owner
				  groups for the purpose of discussion and negotiation among themselves, with
				  other water right owners, or with the water master, regarding the possibility
				  of shortage sharing agreements and other forms of alternative administration
				  and joint application for replacement plans. Subject to the exemption for
				  acequias and community ditches under Subsection C of
				  72-2-9.1
				  NMSA, in the event that water right owner groups, aided by the water master,
				  attempt to reach an agreement for Alternative administration, such efforts by
				  the water right owner groups and the water master shall constitute promotion of
				  expedited marketing and leasing as required by that statute.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.39 - REPLACEMENT PLANS BY WATER RIGHT OWNER GROUPS

Current through Register Vol. 35, No. 13, July 16, 2024
Water right owners may, individually or collectively, submit
				  applications for replacement plans as described above. Except as may be limited
				  by a specific regulation or order, water conservancy districts, irrigation
				  districts, municipalities, or other entities may initiate and submit plans in
				  accordance with these rules. Water right owner groups operating under an
				  approved replacement plan shall notify the state engineer of any plan
				  participant who is not in compliance with the replacement
				  plan.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.40 - OBJECTIONS TO, AND APPEALS FROM, APPROVALS, DENIALS AND REVOCATIONS OF REPLACEMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
Within thirty days after approval of a replacement plan, the
				  state engineer shall cause to be published a summary of the approved
				  replacement plan providing for the opportunity to appeal the approval, denial
				  or revocation of a replacement plan pursuant to Section
				  72-2-16
				  NMSA. The state engineer shall hear objections to his approval, denial or
				  revocation of all part of a replacement plan in accordance with Section
				  72-2-16
				  NMSA but shall endeavor to hear such objections in the same prompt manner as
				  provided by Section
				  72-3-3
				  NMSA for review of water master actions. Filing of an objection to an approval,
				  denial or revocation of a replacement plan will not stay the state engineer's
				  determination that all water use under all, or part of, a revoked replacement
				  plan must cease, pending resolution of the objection.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.41 - APPEALS FROM STATE ENGINEER DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All appeals from state engineer review of objections to any
				  actions or decisions made pursuant to these rules and regulations shall be in
				  accordance with Section
				  72-7-1
				  NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.42 - REQUEST FOR ADMINISTRATION FROM THE INTERSTATE STREAM COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer shall proceed with water rights
				  administration when requested to do so by the New Mexico interstate stream
				  commission for the purpose of compliance with interstate stream compacts, which
				  request shall be in the form of a resolution.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.43 - EMERGENCY ADMINISTRATIVE ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may determine that the need for water
				  rights administration in a specific district is so urgent that water rights
				  administration may proceed directly under order issued pursuant to the
				  procedural requirements of Paragraph 3 of Subsection B of
				  72-2-8
				  NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.44 - EXPEDITED MARKETING AND LEASING

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer will review and analyze permit
				  applications in water master districts affected by priority administration on
				  an expedited basis utilizing the appropriate hydrologic model adopted by the
				  state engineer for the water master district. Expedited review of permit
				  applications in water master districts affected by priority administration
				  shall fulfill the requirements of Subsection C of
				  72-2-9.1
				  NMSA for the promotion of expedited marketing and leasing of water
				  rights.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.45 - KNOWLEDGE OF AND COMPLIANCE WITH STATUTES, RULES, REGULATIONS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be the responsibility of all applicants and
				  permittees to know of, and comply with, all applicable statutes, rules,
				  regulations and codes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.46 - RETROACTIVE EFFECT

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations shall have retroactive effect on
				  all water master districts already formed at the time of promulgation of these
				  rules and regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.47 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or provisions of these regulations are found
				  to be invalid, the remaining provisions shall continue to be in
				  effect.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.48 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may enforce these rules by all means
				  within his legal authority.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.49 - STATE ENGINEER OPTION TO REVISE RULES AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may modify these rules and regulations as
				  needed to accomplish the objectives of these rules and regulations. Removal of
				  a regulation or a section of these rules and regulations, whether by a court or
				  by the state engineer, shall not affect the validity of the remaining rules and
				  regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.50 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
These rules shall be liberally construed to carry out their
				  purpose in accordance with Subsection H of
				  72-2-8
				  NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 14 - STRATEGIC WATER RESERVE › Section 19.25.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations will assist the interstate stream
				  commission in implementing the strategic water reserve and in managing water
				  and water rights held for the strategic water reserve.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 14 - STRATEGIC WATER RESERVE › Section 19.25.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are written pursuant to Section 72.14-3.3
				  NMSA 1978, authorizing the interstate stream commission to establish a
				  strategic water reserve and requiring the promulgation of rules in conformity
				  therewith.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 14 - STRATEGIC WATER RESERVE › Section 19.25.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 2005, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 14 - STRATEGIC WATER RESERVE › Section 19.25.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations will ensure that water and water rights
				  acquired for the strategic water reserve are used only for the purposes of the
				  reserve, that adequate public notice exists in each affected area for the
				  acquisition or disposal of water rights and that the procedures for the
				  acquisition of water and water rights for the strategic water reserve comply
				  with the state engineer transfer procedures.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 14 - STRATEGIC WATER RESERVE › Section 19.25.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless defined below or in a specific section of these
				  regulations, all other words used herein shall be given their customary and
				  accepted meanings.
"Water rights"
means valid existing surface or
				  groundwater rights that have sufficient seniority and a consistent, historic
				  beneficial use to effectively contribute to the purpose of the strategic water
				  reserve.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 14 - STRATEGIC WATER RESERVE › Section 19.25.14.8 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations shall be liberally construed to carry out
				  their intended purpose.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 14 - STRATEGIC WATER RESERVE › Section 19.25.14.9 - IMPLEMENTATION OF STRATEGIC WATER RESERVE - RIVER REACH OR BASIN PRIORITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. During the first
				quarter of each year, the interstate stream commission, after consultation with
				the state engineer, and the attorney general, shall adopt river reach or ground
				water basin priorities for the strategic water reserve and for the acquisition
				of water or water rights and storage rights for the reserve. In establishing
				such priorities, the interstate stream commission shall consider:
(1) the urgency of need for water or water
				rights to be held in the strategic water reserve in a river reach or
				basin;
(2) the unavailability of
				water rights for sale or lease in the river reach or basin and/or whether
				storage exists for such water;
(3)
				the cost, location and seniority of the water or water rights in the river
				reach or basin;
(4) whether and to
				what extent water rights to be purchased or leased will assist the state in
				complying with its interstate stream compacts or court decrees or will assist
				the state in managing its waters for the benefit of threatened or endangered
				species;
(5) whether water or water
				rights are available by donation; and
(6) written comments, if any, from interested
				public and private entities.