New Mexico Administrative Code

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 adm…

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 dist…

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.

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.

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 wa…

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 administr…

Taking into account the available water supply in general and considering conveyance losses, the water master shall implement administration in the district. The water master is authorized to do the following, as may be provided by district-specific rules and regulations and as n…

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…

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.

The state engineer adopts these rules and regulations to undertake the supervision of the physical distribution of water, to prevent waste, and to administer the available supply of water by priority date or by alternative administration, as appropriate. These rules apply to all …

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…

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 an…

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 requi…

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 objec…

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 abse…

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…

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,…

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 a…

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 j…

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…

These rules and regulations are established pursuant to constitutional authority set forth in Article XVI of the New Mexico Constitution, and statutory authority enumerated in Sections 72-1-2; 72-2-8; 72-2-9; 72-2-9.1; 72-3-1 -5; 72-4-20; 72-5-3 through 5; 72-5-18; 72-5-23; 72-5-…

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 dete…

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 rep…

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 …

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 …

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 dep…

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 t…

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 …

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…

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 admi…

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 su…

Permanent.

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. Th…

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.

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.

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.

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 ap…

It shall be the responsibility of all applicants and permittees to know of, and comply with, all applicable statutes, rules, regulations and codes.

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.

If any provision or provisions of these regulations are found to be invalid, the remaining provisions shall continue to be in effect.

The state engineer may enforce these rules by all means within his legal authority.

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 …

December 30, 2004, unless a later date is cited at the end of a section.

These rules shall be liberally construed to carry out their purpose in accordance with Subsection H of 72-2-8 NMSA.

The objective of these rules is to establish the framework for the state engineer to carry out his responsibility to supervise the physical distribution of water to protect senior water right owners, to assure compliance with interstate stream compacts and to prevent waste by adm…

Unless defined below in a specific section of these rules, all words used herein shall be given their customary and accepted meanings. All uses of masculine pronouns or possessives shall be held to include the feminine. A. Adjudication: A comprehensive court proceeding to establi…

These rules and regulations shall be construed as consistent with, and subject to, the authorities of the state engineer for the administration of water in the state of New Mexico. These rules and regulations shall not be construed as imposing any limitation on the authority of t…