reglab/statecodes huggingface dataset:
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 19.25.14.10 - IMPLEMENTATION OF STRATEGIC WATER RESERVE - PRIORITIZATION WITHIN RIVER REACH OR BASINS

Current through Register Vol. 35, No. 13, July 16, 2024
Consistent with Section
				  72-14-3.3
				  NMSA 1978, for each priority river reach or ground water basin, the interstate
				  stream commission shall establish additional prioritization in coordination
				  with the governing bodies of each Indian nation, tribe, pueblo, board of county
				  commissioners, municipality, special district established pursuant to Chapter
				  73 NMSA 1978, soil and water conservation district, water authority and water
				  planning region within each affected river reach or ground water basin. Upon
				  making the initial prioritization of river reach or groundwater basin, the
				  commission shall notify the governing bodies of each such entity. Within thirty
				  (30) days after adoption of such initial river reach or ground water basin
				  priorities by the commission as provided in the preceding paragraph, or at the
				  next regularly scheduled meeting of the commission that occurs at least fifteen
				  (15) days after adoption of such priorities as provided in the preceding
				  paragraph, the governing bodies of each such entity and any other interested
				  public and private entities, shall submit comments and suggestions as to this
				  additional prioritization of the acquisition of water or water rights within
				  each priority river reach or groundwater basin. The interstate stream
				  commission will publish notice of, and hear public comments regarding, its
				  prioritization decisions.
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 19.25.14.11 - ACQUISITION OF WATER OR WATER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
Consistent with its prioritizations, the interstate stream
				  commission shall acquire water or water rights from willing sellers or lessors.
				  The commission shall acquire water or water rights at a price no higher than
				  appraised market value, based upon the best available information and
				  considering the seniority and the consistent historic beneficial use of the
				  water or water rights. The interstate stream commission may acquire water or
				  water rights by donation at any time. Acquisitions shall be contingent upon a
				  successful transfer of the water rights to the interstate stream commission
				  pursuant to the procedures for transfer of water rights established by the
				  state engineer. The interstate stream commission shall not purchase or lease
				  water or water rights that will result in an increase in net depletions in the
				  affected river reach or that will create cumulative adverse impacts on existing
				  water users or delivery systems or the ability of the state of New Mexico to
				  properly manage its waters or meet interstate obligations. The commission shall
				  not acquire water or water rights that are served by or owned by an acequia or
				  community ditch established pursuant to Articles 2 and 3 of Chapter 73 NMSA
				  1978 for inclusion in the strategic water reserve. The interstate stream
				  commission shall not acquire water or water rights that are served by an
				  irrigation district established pursuant to Article 10 of Chapter 73 NMSA 1978
				  except through a contractual arrangement with the district board of directors
				  or the interstate stream commission may establish a special water users
				  association pursuant to
				  73-10-48
				  NMSA 1978. The interstate stream commission acquires water or water rights from
				  a member of an irrigation or conservancy district established pursuant to
				  Chapter 73 NMSA 1978, the interstate stream commission shall utilize funds from
				  the strategic water reserve to pay the annual assessment to the district that
				  would accrue to the district absent the transaction.
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 19.25.14.12 - APPLICATION FOR PERMIT WITH THE STATE ENGINEER

Current through Register Vol. 35, No. 13, July 16, 2024
All acquisitions of water or water rights by the commission
				  for the strategic water reserve are subject to approval by the state engineer
				  and shall comply with all state engineer rules and regulations governing
				  surface and ground water transfer applications.
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 19.25.14.13 - MANAGEMENT OF WATER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				interstate stream commission shall manage water and water rights within the
				strategic water reserve in order to assist the state in complying with its
				interstate compacts and court decrees or to assist the state and water users in
				water management efforts for the benefit of threatened or endangered species or
				in a program intended to avoid additional listings of species.
B. If water or water rights are purchased,
				leased or acquired through donation to assist the state and water users in
				water management efforts for the benefit of threatened or endangered species or
				in connection with a program intended to avoid additional listings of species,
				the interstate stream commission shall manage such water or water rights in
				conjunction with collaborative programs or processes where they
				exist.
C. The commission shall
				expedite the transfer and management of water rights donated to the strategic
				water reserve.
D. Water or water
				rights acquired for the strategic water reserve shall remain in their river
				reach or groundwater basin of origin.
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 19.25.14.14 - ADMINISTRATIVE COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
The interstate stream commission shall determine annually its
				  administrative costs associated with the strategic water reserve and consistent
				  with Section
				  72-14-3.3
				  NMSA 1978 such costs shall be paid for from funds received 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 19.25.14.15 - DISPOSAL OF WATER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
The interstate stream commission may sell or lease water or
				  water rights from the strategic water reserve only upon a finding by the
				  commission that such water or water rights are no longer necessary for the
				  reserve and only at a price no less than appraised market value. The interstate
				  stream commission may lease water or water rights from the strategic water
				  reserve to the United States but shall not sell water rights from the strategic
				  water reserve to the United States. The interstate stream commission shall
				  utilize proceeds from the leasing of water rights from the strategic water
				  reserve for carrying out the purposes of the strategic water reserve. Any sale
				  of water or water rights from the strategic water reserve shall first be
				  offered for the original purpose of use. Proceeds from such sales shall be used
				  by the office of the state engineer to adjudicate water
				  rights.
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 19.25.14.16 - ANNUAL LEGISLATIVE REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
On or before December 15th of each year, the interstate
				  stream commission shall report to the appropriate committee of the legislature
				  on the status 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 15 - PECOS RIVER BASIN LAND MANAGEMENT FUND › Section 19.25.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the administration of the Pecos river basin
				  land management fund.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 15 - PECOS RIVER BASIN LAND MANAGEMENT FUND › Section 19.25.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  72-1-2.4
				  to -2.6 NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 15 - PECOS RIVER BASIN LAND MANAGEMENT FUND › Section 19.25.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 15, 2010, 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 15 - PECOS RIVER BASIN LAND MANAGEMENT FUND › Section 19.25.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to implement the Pecos river
				  basin land management fund, Section
				  72-1-2.5
				  NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 15 - PECOS RIVER BASIN LAND MANAGEMENT FUND › Section 19.25.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means the New Mexico interstate stream commission.
B. "Commission lands" means the lands in the
				lower Pecos river basin acquired by the commission pursuant to Sections
				72-1-2.2
				and
				72-1-2.4
				NMSA.
C. "Land management fund" or
				"fund" means the Pecos river basin land management fund created pursuant to
				Section
				72-1-2.5
				NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 15 - PECOS RIVER BASIN LAND MANAGEMENT FUND › Section 19.25.15.8 - THE LAND MANAGEMENT FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Managing commission lands: The commission shall manage commission lands in a
				cost-effective manner so as to minimize any threat to public health and safety
				and adverse impacts to adjacent landowners, to provide benefits to local
				economies and to promote the general welfare of the lower Pecos river
				basin.
B. Depositing revenues from
				commission lands: The fund consists of appropriations, grants, donations or
				bequests to the fund, income from land and water rights purchased pursuant to
				Chapter 72, Article 1 NMSA, revenue from land sold pursuant to Chapter 72,
				Article 1 NMSA and income from investment of the fund or money otherwise
				accruing to the fund. Money in the fund shall be invested pursuant to Chapter
				6, Article 10 NMSA. Money in the fund shall not revert to any other fund at the
				end of a fiscal year. Money in the fund shall be disbursed on warrants signed
				by the secretary of the department of finance and administration pursuant to
				vouchers signed by the director of the commission or the director's authorized
				representative.
C. Administering
				the fund: The commission shall use money from the land management fund to
				manage commission lands and to manage the commission's augmentation well fields
				in the lower Pecos river basin, including those augmentation well fields
				created pursuant to the strategic water reserve, Section
				72-14-3.3
				NMSA.
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 19.25.20.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the State Engineer.
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 19.25.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall be read in conjunction with the settlement
				  agreement and as a supplement to 19.25.13 NMAC, and shall apply to all
				  administrable surface water and groundwater rights within the
				  Nambé-Pojoaque-Tesuque water master district.
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 19.25.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is established pursuant to constitutional authority
				  set forth in Article 16 of the Constitution of New Mexico, and statutory
				  authority enumerated in Chapter 72, including, but not limited to, Sections
				  72-1-1(1941);
				  72-1-2 (1907); 72-2-6 (1965); 72-2-8 (1976); 72-2-9 (1907); 72-2-9.1 (2003);
				  72-2-18 (2007); 72-3-1 (1919); 72-3-2 (2007); 72-3-3 (1953); 72-3-4 (1965);
				  72-3-5 (1941); 72-5-3 (1941); 72-5-4 (1941) 72-5-5 (1965); 72-5-18 (2007);
				  72-5-20 (1941); 72-5-22 (1907); 72-5-23 (1986); 72-5-24 (1985); 72-5-25 (1971);
				  72-5-28 (2002); 72-5-39 (1965); 72-6-1 - 72-6-7 (2014); 72-7-1 (1971); 72-8-1
				  (1907); 72-9-2 (1907); 72-12-1 (2003); 72-12-2 (1931); Subsection D of 72-12-8
				  (2002); 72-12-15 (1949); 72-12-16 (1949); 72-12-18 (1953); 72-12-24 (1959);
				  72-12-27 (1967) NMSA 1978 and the authority provided under the settlement
				  agreement in
State of New Mexico ex rel. State Engineer and United
				  States of America, Pueblo de Nambé, Pueblo de Pojoaque, Pueblo de San
				  Ildefonso, and the Pueblo de Tesuque v. R. Lee Aamodt, et al
., No.
				  66cv6639 (D.N.M.) (dated April 19, 2012).
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 19.25.20.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
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 19.25.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 12, 2017
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 19.25.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide for the distribution
				  and administration of the available water supply and administrable water rights
				  in the Nambé-Pojoaque-Tesuque basin ("NPT basin"), including the
				  prevention of illegal diversions, waste and over-diversions, and to implement
				  the terms and conditions of the settlement agreement and the final decree
				  entered in
State of New Mexico ex rel. State Engineer and United States
				  of America, Pueblo de Nambé, Pueblo de Pojoaque, Pueblo de San
				  Ildefonso, and the Pueblo de Tesuque v. R. Lee Aamodt, et al
., No.
				  66cv6639 (D.N.M.).
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 19.25.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below or in
				  19.25.13.7
				  NMAC, all words herein shall be given their customary and accepted meanings.
				  All uses of masculine pronouns or possessives shall be held to include the
				  feminine.
A. "
Aamodt
case
" means the civil action filed in the United States District
				Court for the District of New Mexico in
State of New Mexico ex rel.
				State Engineer
and United States of America, Pueblo de
				Nambé, Pueblo de Pojoaque, Pueblo de San Ildefonso, and the Pueblo de
				Tesuque v. R. Lee Aamodt, et al.,
No. 66cv6639 (D.N.M.) (the general
				adjudication of water rights of the Nambé-Pojoaque-Tesuque stream
				system).
B. "
Aamodt
Litigation Settlement Act
" means the Claims Resolution Act of
				2010, Pub. L. No. 11-291, tit. VI, §§ 601, 626, 124 Stat. 3064,
				3134-56 (2010).
C.
				"
Acequia
" means a community ditch under the laws of New Mexico and
				Section 73-2-27 NMSA 1978.
D.
"Administrable water right"
or
"water right"
means a
				right to the use of water or a right to impound, store or release water
				determined by the decree court in subfile orders, the partial final judgment
				and decree ("PFD"), or the final decree, or a right established pursuant to a
				permit issued by the state engineer or recognized by a license issued by the
				state engineer.
E.
				"
Administration
" is defined in Subsection C of
				19.25.13.7
				NMAC. Administration includes:
(1) direct
				flow administration,
(2) storage
				water administration,
(3) depletion
				limit administration, and
(4)
				alternative administration. Alternative administration includes, but is not
				limited to, Pueblo alternative administration, defined in Subsection LL of
				19.25.20.7 NMAC and Tesuque alternative administration, set forth in
				19.25.20.121 NMAC.
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 19.25.20.8 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This ruleshall be construed consistent with, and subject to,
				  the authority of the state engineer for the administration of water in the
				  state of New Mexico, and the authority of the state engineer under the
				  settlement agreement and final decree. This rule shall not be construed as
				  imposing any limitation on the authority of the state engineer to administer
				  water rights created under state law, act on water rights applications pursuant
				  to state law, permit water rights under state law, or order the curtailment, in
				  whole or in part, of the use of water pursuant to state law or under the terms
				  of the settlement agreement or final decree. This rule shall be construed
				  consistent with the settlement agreement and the Constitution of New
				  Mexico.
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 19.25.20.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of this rule is found to be invalid, the
				  remainder 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 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.10 - 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 persons 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 20 - NAMBÉ-POJOAQUE-TESUQUE WATER MASTER DISTRICT: ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.20.11 through 19.25.16.100 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
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 19.25.20.102 - WATER MASTER REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The water
				master shall by March first of each calendar year submit a report to the state
				engineer that describes all administrative action taken under or required by
				this rule in the previous calendar year.
B. The report shall be available to the
				public for inspection and copying at the office of the state engineer, at the
				requestor's expense by June first, and will be posted on the office of the
				state engineer's website.
C. The
				report shall include the information described in
				19.25.13.26
				NMAC and shall also include:
(1) the quantity
				of water diverted through each meter for each quarter and total for the
				year;
(2) a summary of all notices
				of alleged violation, and disposition thereof; and
(3) a summary of all other actions taken by
				the water master during the year, including
(a) the number of times each meter was
				actually inspected to verify proper operation;
(b) actions taken to verify reported meter
				readings including a description of procedures used for any spot-checking;
				and
(c) other information as
				appropriate.
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 19.25.20.103 - REPORTING OF LANDS TO BE IRRIGATED

Current through Register Vol. 35, No. 13, July 16, 2024
A. By March first of each year, the
				mayordomo, acequia commissioner, or designated representative of each acequia
				and the members of each private ditch shall notify the water master in writing
				of the acreage under that ditch to be irrigated ("TBI letters") during that
				calendar year. TBI letters from acequias and members of private ditches shall
				be accompanied by maps that clearly identify the non-Pueblo lands to be
				irrigated that year and the respective acreage of the tracts. Where the ditch
				serves as a source of irrigation water for both Pueblo and non-Pueblo lands,
				the TBI letters shall include only information for non-Pueblo lands.
B. Pueblo lands intended to be irrigated
				shall be reported by the Pueblos in their annual report on anticipated uses of
				water.
C. Based upon the
				information provided, the water master shall determine the maximum diversion
				rate for each ditch in the stream system required to meet the total projected
				demand that year, including the demand associated with valid impoundments under
				each ditch for livestock uses, if any. The water master shall notify the
				mayordomo, acequia commissioner, or designated representative that submitted
				the TBI letter of each acequia, the members of each private ditch, and the
				Pueblos of the maximum diversion rates for all ditches and post the maximum
				diversion rate for each ditch at the point of diversion or headgate of the
				ditch.
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 19.25.20.104 - DISTRIBUTION OF WATER BY ACEQUIAS

Current through Register Vol. 35, No. 13, July 16, 2024
The water master shall regulate the rate and annual volume of
				  diversions from the tributaries in the NPT basin by acequias in accordance with
				  this rule. This rule shall not be construed to affect the internal management
				  of acequias and the distribution of water by acequias in accordance with
				  Section
				  72-9-2
				  NMSA 1978.
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 19.25.20.105 - GENERAL PRINCIPLES FOR USE AND ADMINISTRATION OF SURFACE WATER AND GROUNDWATER

Current through Register Vol. 35, No. 13, July 16, 2024
These general principles apply to the administration of all
				  surface water rights and groundwater rights in the NPT basin.
A. The NPT basin is fully appropriated and
				there shall be no new appropriations of surface or groundwater.
B. No surface or groundwater diverted within
				the NPT basin may be delivered for use outside the NPT basin other than for
				Pueblo use on Pueblo land.
C.
				Diversions from the Rio Grande shall not be considered to be diversions within
				the NPT basin.
D. Any water rights
				diverted by the regional water authority within the NPT basin, whether based on
				state or federal law, including contractual rights to water, shall be
				administered at the point of diversion in accordance with state law and
				regulation.
E. For agricultural
				uses, the amount of water shall not exceed 4.65 AFY per acre diverted by the
				ditch at the point of diversion from the source of surface water (PDR), or 3.35
				AFY per acre delivered at the farm headgate or well head (FDR), or a
				consumptive irrigation requirement of 1.84 AFY per acre (CIR), whichever is
				less.
F. For non-agricultural uses,
				the consumptive use amount shall be deemed to be equal to the amount of the
				diversion. The diversion amount shall not exceed the consumptive use amount
				unless a return flow plan is approved by the state engineer.
G. The priority and amount of water for all
				surface water rights is the priority and amount of water adjudicated in the
				final decree.
H. The point of
				diversion, purpose or place of use of non-Pueblo water rights may only be
				changed in accordance with state law and this rule.
I. After March 21, 2016, permits for new
				groundwater points of diversion in the NPT basin may only be issued on the
				condition that the diversion be metered and only as set forth in this
				rule.
J. The replacement, repair or
				deepening of a well pursuant to a permit from the state engineer shall not be
				considered a change in point of diversion, purpose or place of use.
K. An application for a change in point of
				diversion or place or purpose of use of a water right into or out of an acequia
				or community ditch subject to Sections
				73-2-1
				through
				73-2-68 NMSA
				1978 or Sections
				73-3-1
				through
				73-3-11
				NMSA 1978 shall include the documentary evidence of the applicant's compliance
				with the requirements of Section
				72-5-24.1
				NMSA 1978.
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 19.25.20.106 - METERING OF NON-PUEBLO AND PUEBLO WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to the well metering order for
				the NPT basin issued by the state engineer, each well owner of record shall
				install a totalizing meter in accordance with the requirements of Subsection C
				of
				19.27.5.13
				NMAC and any additional requirements of the state engineer, to measure the
				amount of water diverted from each well.
B. Each Pueblo shall install a totalizing
				meter to measure the amount of water diverted from each well located on Pueblo
				land, consistent with the well metering order for the NPT basin issued by the
				state engineer.
C. Each well owner
				of record shall file a meter installation and inspection report with the state
				engineer in accordance with the requirements of Subsection C of
				19.27.5.13
				NMAC and any additional requirements of the state engineer. Pursuant to the
				settlement agreement and the final decree, each Pueblo shall file a report with
				the state engineer consistent with the requirements of Subsection C of
				19.27.5.13
				NMAC.
D. Each well owner of record
				shall submit meter readings to the state engineer in accordance with the
				requirements of Subsection C of
				19.27.5.13
				NMAC and any additional requirements of the state engineer. Pursuant to the
				settlement agreement and the final decree, each Pueblo shall file a report with
				the state engineer consistent with the requirements of Subsection C of
				19.27.5.13
				NMAC.
E. The requirements of this
				Section shall also apply to all new wells drilled on Pueblo land after the
				effective date of this rule and a meter shall be installed on such wells at the
				time the well is drilled.
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 19.25.20.107 - DIVERSION, USE, AND ADMINISTRATION OF SURFACE WATER FOR NON-PUEBLO WATER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
Diversion, use, and administration of surface water for
				  non-Pueblo water rights shall be subject to the following provisions.
A.
Change in point of diversion from
				surface water to groundwater for agricultural uses.
The state engineer
				may issue permits to change the point of diversion of a water right for
				agricultural use from surface water to groundwater, provided:
(1) Water rights from within the NPT basin
				are moved to the new point of diversion in accordance with state law and this
				rule;
(2) The priority and amount
				of the water rights that may be moved shall be determined under state law and
				shall be reduced in amount to account for historic supply at the original
				surface point of diversion.
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 19.25.20.108 - DIVERSION, USE, AND ADMINISTRATION OF GROUNDWATER FOR NON-PUEBLO WATER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Determination of priority and amount.
(1) The priority and the diversion amount for
				a Section 72-12-1 well, a pre-basin well or well drilled under a permit from
				the state engineer shall be the priority and amount adjudicated in the final
				decree or authorized in a subsequent permit or license issued by the state
				engineer, unless the use is limited by the terms of an election under the
				settlement agreement.
(2) If no
				amount is set forth in the final decree or in a subsequent permit or license,
				then the amount shall be the amount of historic beneficial use of water from
				the well.
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 19.25.20.109 - CONVEYANCE OF OWNERSHIP OF GROUNDWATER RIGHTS FOR DOMESTIC USE TO THE COUNTY WATER UTILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General Provisions.
(1)
				Ownership of water rights for domestic use from a Section 72-12-1 well or a
				pre-basin well may be conveyed to the county water utility for the full or
				partial amount of the water right.
(2) The CWU may change the point of
				diversion, place and purpose of use of the water rights by application to the
				state engineer.
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 19.25.20.110 - EXPEDITED MARKETING AND LEASING AND EXPEDITED PERMIT PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
New
				Domestic Well Points of Diversion.
Permits for new groundwater points of
				diversion for domestic uses, including a permit for a Section 72-12-1 well, may
				be issued provided:
(1) Water rights from
				within the same hydrologic unit in the NPT basin are moved to the new
				groundwater point of diversion in accordance with this rule;
(2) The priority and amount of the moved
				rights shall be determined under state law and reflect reductions in amount to
				account for historic supply; and
(3) Any permitted diversions shall cease and
				the household shall connect to the county water utility as soon as water
				service is available.
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 19.25.20.111 - CONNECTION FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. An owner of
				record of a water right from a well used for domestic, commercial or industrial
				purposes that elects pursuant to the settlement agreement to connect to the
				county water utility for water service as soon as that service is available
				shall be entitled to payment from the connection fund, as administered by Santa
				Fe county, for the expense of connecting to the county water utility. The
				county shall notify owners of record when service is available.
B. No water right owner of record electing to
				connect to the county water utility shall be required to cease use of their
				well and connect to the county water utility until such expenses have been paid
				by the connection fund or other third party.
C. If service is not available to an owner
				that elected to connect because Santa Fe county determines that the expense of
				connection exceeds the allowed connection expenses, the owner may pay the
				additional expenses so that the expenses of connection will be covered and
				service made available.
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 19.25.20.112 - DIVERSION, USE, AND ADMINISTRATION OF SURFACE WATER AND GROUNDWATER BY PUEBLOS

Current through Register Vol. 35, No. 13, July 16, 2024
Diversion, use, and administration of surface water and
				  groundwater by the Pueblos under this rule shall be subject to, and in
				  accordance with, the settlement agreement, the PFD and the final decree.
A.
General principles.
(1) The Pueblos have decreed first priority
				water rights to consumptively use the surface and groundwater of the NPT basin
				for agricultural, community, domestic, livestock, commercial or industrial
				purposes in the amounts defined in the partial final decree. The Pueblos' first
				priority rights are designated as existing basin use rights or future basin use
				rights. The Pueblos' first priority rights are not subject to forfeiture,
				abandonment or loss by non-use.
(2)
				A Pueblo may lease, for any term up to 99 years, any portion of its first
				priority rights to another Pueblo or another water user for use within the NPT
				basin.
(3) For agricultural uses of
				a Pueblo's first priority rights, the amount of water shall not exceed 4.65 AFY
				per acre diverted by the ditch at the point of diversion from the surface
				source of water (PDR), or 3.35 AFY per acre delivered to the farm headgate or
				diverted at the well head (FDR), or a CIR of 1.84 AFY per acre, whichever is
				less.
(4) For non-agricultural
				uses, the consumptive use amount shall be deemed to be equal to the amount of
				the diversion. The diversion amount shall not exceed the consumptive use amount
				unless a return flow plan is approved by the state engineer.
(5) The provision of offset water by a Pueblo
				shall not constitute use of that Pueblo's first priority rights.
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 19.25.20.113 - PUEBLO REPORTING OF PUEBLOS' USES OF WATER UNDER THEIR FIRST PRIORITY RIGHTS; NOTICE OF OTHER PROPOSED ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Annual reports of anticipated
				uses.
(1) By December 31 of each year,
				each Pueblo shall submit to the water master a report on its anticipated uses
				of water under its first priority rights from groundwater for the next calendar
				year. By March first of each year, each Pueblo shall submit to the water master
				a report on its anticipated uses of water under its first priority rights from
				surface water for that calendar year. These reports on anticipated uses shall
				include the anticipated annual diversion and consumptive use amounts, points of
				diversion, and purposes and places of use of the Pueblos' first priority rights
				for each anticipated use for the calendar year.
(2) Pueblo lands intended to be irrigated
				shall be reported by the Pueblos in their annual reports on anticipated
				uses.
(3) For purposes of
				administration, the anticipated diversion and consumptive use amounts, points
				of diversion, and purposes and places of use of the Pueblo of Pojoaque's
				supplemental Pueblo rights for the next calendar year shall also be reported to
				the water master by December 31 and March first each year in the Pueblo's
				reports on anticipated uses.
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 19.25.20.114 - CHANGES TO POINT OF DIVERSION, PURPOSE OR PLACE OF USE OF PUEBLO WATER RIGHTS ON THAT PUEBLO'S LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				Pueblo may change the point of diversion, purpose or place of use of its first
				priority water rights for use on that Pueblo's land from the uses set out in
				appendices one through four of the PFD as provided below.
(1) Prior consultation with the state
				engineer or the water master is not required for such changes.
(2) Changes shall be reported to the water
				master in the annual report of anticipated uses or at least 60 days prior to
				making any such change.
(3) After
				receiving the report, the water master shall determine whether any change in
				use will impair non-Pueblo groundwater rights in accordance with 19.25.20.116
				NMAC.
(4) The owners of record of
				any such rights may seek reimbursement from the mitigation fund for the cost of
				mitigating the impairment in accordance with 19.25.20.118 NMAC.
(5) A Pueblo making a change in the exercise
				of its future basin use rights shall offset any resulting interference with
				non-Pueblo surface water rights in an amount determined by the water master in
				accordance with 19.25.20.115 NMAC.
(6) Non-Pueblo water rights eligible for
				section 4 protection shall not be curtailed to provide water for changes to the
				uses of water under future basin use rights for new commercial, industrial or
				agricultural uses under Pueblo alternative administration.
(7) Future basin use rights for domestic,
				community or livestock uses may not be changed. A Pueblo discontinuing uses of
				water under such rights may make new uses of water under its future basin use
				rights.
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 19.25.20.115 - WATER MASTER DETERMINATION OF INTERFERENCE AND OFFSETS TO SURFACE WATER RIGHTS FROM EXERCISE OF PUEBLO WATER RIGHTS ON PUEBLO LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A Pueblo seeking a new or changed use of
				water under Pueblo future basin use water rights on that Pueblo's lands shall
				advise the water master, in writing, of any such proposed action at least 60
				days before implementing the proposed action. Within 30 days of receiving
				notice of such a proposed action (or report of anticipated uses of water) under
				19.25.20.114 NMAC, the water master shall determine and advise the Pueblo and
				other affected Pueblos and owners of record whether the proposed action
				interferes with Pueblo surface water rights or non-Pueblo surface water rights
				and the amount of any offsets that may be required to avoid interference. In
				making these determinations, the water master shall use the hydrologic model
				developed by the state of New Mexico and the United States.
B. A Pueblo whose proposed action is
				determined to cause interference shall offset the interference in the amount
				determined by the water master. Prior to implementing the proposed action, the
				Pueblo causing the interference shall notify the water master how it will
				offset any interference. Within 10 days of receiving such notification, the
				water master shall notify that Pueblo and any affected owners of record and
				other affected Pueblos whether the proposed actions are sufficient to offset
				any interference. The Pueblo shall not implement the proposed action until the
				water master determines that the amount of the offset and the delivery method
				are sufficient to offset any interference.
C. The water master may work with the
				affected parties to resolve such matters either formally or informally and may
				discuss matters with one or more affected parties without the need to have all
				parties present.
D. If the
				hydrologic record after implementation of the proposed action does not support
				the water master's determination of interference and required offsets, an
				affected Pueblo or water right owner of record may request modification of the
				offset amounts. The Pueblo implementing the proposed action shall make the
				previously determined offsets until such time as the water master determines
				that a different amount is appropriate.
E. Provision of offset water by a Pueblo to
				avoid interference shall not constitute use of water under the Pueblo's first
				priority water rights. The Pueblos shall offset interference with Pueblo
				surface water rights and non-Pueblo surface water rights entitled to section 4
				protection resulting from a Pueblo's provision of offset water.
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 19.25.20.116 - WATER MASTER DETERMINATION OF IMPAIRMENT TO GROUNDWATER RIGHTS FROM EXERCISE OF PUEBLO WATER RIGHTS ON PUEBLO LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 60 days of receiving notice of a
				proposed action (or report of anticipated uses of water) under 19.25.20.114
				NMAC, the water master shall determine if any non-Pueblo groundwater rights
				will be impaired by a new use or change in use of water under Pueblo water
				rights on Pueblo lands. In making these determinations, the water master shall
				utilize the hydrologic model developed by the state of New Mexico and the
				United States.
B. Notice of any
				projected impairment shall be mailed to the affected owner of record by
				certified mail. The notice of impairment shall include a description of the
				factual or technical basis for the determination, and any recommended
				mitigation action such as drilling a replacement well or obtaining an alternate
				water supply. The water master shall post a notice of all projected impairments
				on the office of the state engineer's website, together with the reports on
				anticipated uses of water submitted by the Pueblos. Notice of all projected
				impairments shall also be mailed to the Governor of each Pueblo.
C. An owner of record that is not identified
				as being impaired by the uses identified in the Pueblos' reports on anticipated
				uses of water may within 60 days of the posting of the water master's notice of
				projected impairments on the office of the state engineer's website request in
				writing a hearing before the state engineer to demonstrate that their
				groundwater rights will be impaired by the Pueblos' use of their first priority
				water rights and may seek reimbursement for the cost of mitigating the
				impairment from the mitigation fund in accordance with 19.25.20.118
				NMAC.
D. The water master may
				identify owners of record that will be impaired in addition to those identified
				pursuant to Subsection A of this Section. The water master shall notify any
				additional affected owners of record and Pueblos in accordance with the
				provisions of this Section. Owners of record of water rights that are
				identified pursuant to this Subsection may seek reimbursement for the cost of
				mitigating the impairment from the mitigation fund in accordance with
				19.25.20.118 NMAC.