New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 2 - ADMINISTRATION › Section 19.26.2.8 - DECLARATION OF A WATER RIGHT DEVELOPED PRIOR TO MARCH 19, 1907

Current through Register Vol. 35, No. 13, July 16, 2024
All water rights established by beneficial use in New Mexico
				  prior to March 19, 1907, were recognized and confirmed by the state
				  constitution at the time of its adoption. Any person, firm or corporation
				  claiming to be the owner of a water right established prior to March 19, 1907,
				  from any surface water source may file a declaration on a form prescribed by
				  the state engineer setting forth the history and continuity of the beneficial
				  use to which said water has been applied. A declaration may be accompanied by a
				  map prepared pursuant to
				  19.26.2.26
				  NMAC and may be accompanied by deeds, survey plats, affidavits and other
				  evidence tending to substantiate the claim. If such supporting documents are
				  filed with the state engineer, they will be filed together with the
				  declaration. The declaration may be filed by the declarant on his personal
				  information and belief. No declarations will be accepted for filing within any
				  stream system where an adjudication court has entered an order or decree that
				  operates to bar such claims.
A. Form -
				content: A declaration shall be filed on a form prescribed by the state
				engineer. The declaration shall include the following information: the name and
				address of the declarant, the owner of the land on which the water is used,
				legal descriptions for the point of diversion and the place of use, the purpose
				of use, quantity of water used, periods of use, the date water was first
				applied to beneficial use and the continuity thereof, and any other information
				deemed necessary by the state engineer. The point of diversion shall be
				described using latitude and longitude or the New Mexico state plane coordinate
				system. The declarant shall sign the declaration before a notary.
B. Amended declaration: An amended
				declaration may be filed to supplement the evidence substantiating the claim or
				to correct any clerical errors in the initial declaration. An amended
				declaration that changes the purpose of use or amount of water, or that is
				filed after an application affecting the declared water right has been filed,
				will only be accepted for filing if substantial and specific documentation
				supporting the change(s) is filed with the amended declaration. The state
				engineer will not accept an amended declaration after an application affecting
				the declared rights has been acted upon by the state engineer in accordance
				with Subsections F and H of 19.26.2.12 NMAC or 19.25.2 NMAC. An amended
				declaration may be accompanied by deeds, survey plats, affidavits and other
				evidence to further substantiate the claim.
C. Filing fee: A fee of $10 must accompany a
				declaration, with or without attachments. An amended declaration requires a fee
				of $25 with or without attachments. After a declaration has been accepted for
				filing, submission of any other document associated with the declaration, which
				becomes a part of the permanent water right record, requires a fee of
				$5.00.
D. Action of the state
				engineer: Upon receipt of a declaration or amended declaration a preliminary
				investigation may be performed by the state engineer. If this preliminary
				investigation reveals deficiencies in the declaration or amended declaration,
				the declaration may be returned to the declarant. If the declaration is
				accepted for filing by the state engineer, the acceptance does not constitute
				validation of the right claimed. The declaration may be recorded by the
				declarant in the office of the county clerk of the county wherein the diversion
				works are located.