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 19.25.20.101 - GENERAL AUTHORITY AND DUTIES OF THE NPT DISTRICT WATER MASTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The water master
				has the general authority and duties set out in
				19.25.13.16
				NMAC and
				19.25.13.17
				NMAC. In addition, the water master has the authority and duties described in
				this Section.
B. The water master
				may, as necessary to effect administration, and implementation of and
				compliance with the terms and conditions of the settlement agreement, the PFD
				and the final decree:
(1) supervise all
				diversions from surface and underground water sources;
(2) curtail surface and groundwater
				diversions to ensure compliance;
(3) issue verbal or written orders requiring
				installation, calibration, repair, and replacement of adequate headgates and
				surface water measurement devices at all surface water diversion works, and all
				groundwater diversion measuring devices as necessary;
(4) issue verbal or written orders requiring
				calibration, repair, replacement or installation of meters in accordance with
				the requirements of Subsection C of
				19.27.5.13
				NMAC to measure the amount of water diverted from each well;
(5) issue or affix to points of diversion
				curtailment orders or red tags that provide notice of illegal diversions or
				diversions that are out of priority under priority administration or contrary
				to those allowed under the settlement agreement or final decree. Once a red tag
				has been affixed, the owner of record or person shall not divert water until
				the water master has removed the tag;
(6) issue verbal or written curtailment
				orders to owners of record or persons making illegal diversions and document
				such illegal diversions;
(7) issue
				verbal or written orders to achieve the objectives of this rule;
(8) take any action necessary to close, cap,
				lock or otherwise temporarily disable any diversion headgate, pump, or
				equipment to ensure compliance, and affix to the diversion structure a red tag
				whenever the water master takes such action;
(9) ensure compliance with applicable state
				engineer, water master or court orders;
(10) determine whether a new or changed
				Pueblo use of its first priority rights will interfere with any surface water
				rights eligible for section 4 protection, and the amount of any offsets
				required;
(11) determine if the
				change in point of diversion, purpose or place of use of Pueblo-owned state law
				water rights within the lands of a Pueblo will impair groundwater rights or
				interfere with any surface water rights. A determination by the water master of
				projected hydrologic effects from such changes to state water law rights within
				a Pueblo shall include consideration of remedies proposed by the Pueblo to
				reduce groundwater effects below the threshold level of impairment;
(12) enter private, public, or Pueblo lands
				to inspect, monitor, and maintain all measuring facilities and to operate,
				close or lock headgates;
(13) with
				respect to agricultural lands, enter upon private or public lands to verify the
				irrigability of lands designated by owners of record to be irrigated in a
				particular season and determine whether and to what extent irrigation
				occurs;
(14) maintain records,
				including records of elections made pursuant to the settlement agreement and
				subsequent compliance with such elections; and
(15) respond in a timely manner to requests
				for priority administration.