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 19.26.10.10 - DECLARATION OF PECOS VALLEY SURFACE WATER DISTRICT PECOS RIVER STREAM SYSTEM: Order No. 75

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 Guadalupe, De Baca, Chaves and Eddy counties.,
				New Mexico, the employment of a watermaster 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, on January 20, 1956, the Pecos
				river water district was declared by the state engineer, and
H. WHEREAS, it is now found to be necessary
				for the economical and satisfactory apportionment of water, to administer a
				smaller area of the Pecos river than has heretofore been administered under the
				declaration of January 20, 1956;
I.
				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 valley surface
				water district of the Pecos river stream system as hereinafter described to be
				a water district in the state of New Mexico to be effective July 1, 1959, for
				the purpose of administration and distribution of the waters thereof. The
				limits of the water district subject to the jurisdiction of the watermaster are
				as follows:
(1) the Pecos river from the
				south line of the Jose Perea grant (being in section 20, township 9 north,
				range 21 east, N.M.P.M., as extended into said Jose Perea, grant) to the New
				Mexico-Texas state line;
(2) the
				Rio Agua Chiquita stream system, the Rio Agua Negra stream system downstream
				from U.S. highway 54 in Section 29, township 8 north, range 21 east and the
				area known as the Santa Rosa swamps;
(3) Salt Creek below the south 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.