New Mexico Administrative Code

August 30, 2013, unless a later date is cited at the end of a section.

The objective of this rule is to establish procedures that govern hearings before the state engineer and the hearings unit and to ensure the expeditious and orderly handling of all administrative and enforcement matters consistent with the requirements of due process.

Unless otherwise defined below, terms used in this rule have the same meaning as set forth in NMSA 1978, Chapter 72. The use of a masculine pronoun to refer to individuals is for grammatical convenience and is intended to be gender neutral. A. "Administrative litigation unit" or …

This rule shall be liberally construed to carry out its purpose.

A. WRD transmittals. WRD shall transmit timely for hearing by aggrieved applicants and any timely protests to an application to the ALU for filing with the hearings unit through a request to docket the matter for hearing. B. Timeliness. An aggrieval by the applicant to initial ac…

Office of the State Engineer.

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

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 a…

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 copy…

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 ye…

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 acc…

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 NP…

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 measu…

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 diver…

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 pe…

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…

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 groundwa…

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…

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 …

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 sha…

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 m…

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 …

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 …

A. By application to the state engineer, a Pueblo may change the point of diversion, purpose or place of use of its first priority water rights, including a lease of such rights to non-Pueblos, to a point of diversion, place or purpose of use off that Pueblo's lands within the NP…

A. The New Mexico finance authority shall administer the mitigation fund. The unavailability of funds shall not affect the rights of the Pueblos to utilize their water rights. B. Money in the mitigation fund may only be expended to mitigate the effects of impairment to non-Pueblo…

A. The water master may implement priority administration in the NPT water master district. Priority administration may be initiated by the state engineer as a result of the state engineer's independent determination that priority administration is necessary, as provided by 19.25…

Essential indoor household uses from domestic wells shall not be curtailed under priority or Pueblo alternative administration. Essential indoor household uses include drinking, cooking, indoor cleaning, sanitary, and cooling purposes, and exclude all uses made outside of a build…

Under alternative administration of the first priority of the Pueblo of Tesuque's existing basin use rights, the curtailment of non-Pueblo surface water rights entitled to protection under section 4 of the settlement agreement whose points of diversion on the Rio Tesuque are upst…

A. The water master shall each year compile a list of non-Pueblo lands with surface water irrigation rights that were not irrigated in the past calendar year and that may no longer be eligible for section 4 protection. B. The list shall include the names and addresses of the curr…

A. In addition to Pueblo alternative administration, voluntary alternative administration may be accepted by the water master if the criteria below are met. Voluntary alternative administration may include shortage sharing, such as, but not limited to, percentage division or pro …

Upon notice to the water master of an agreement between acequias taking water from the same source or river for the apportionment and distribution of water for their respective ditches in accordance with Section 73-2-47 NMSA 1978, the water master may recognize the agreement as a…

Nothing in this rule shall be construed as an assertion by the state engineer of jurisdiction over the process used by the United States bureau of reclamation, the Pojoaque Valley irrigation district, and the Pueblos to allocate storage water prior to release from Nambé reservoir…

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.

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 (19…

Permanent.

September 12, 2017

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 imple…

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 Dis…

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 a…

If any provision of this rule is found to be invalid, the remainder shall continue to be in effect.

Office of State Engineer.

Maps shall be plotted to the true meridian and all bearings shown shall be true bearings. The direction of north shall be indicated on the map. Magnetic declination should be shown if used in making the field survey. The date that the field survey is made shall be shown on the fi…

The map shall show the legal subdivisions, accurate locations of the well or wells, reservoirs, if any, main canals, streams, highways and other important physical features. The source of water shall be designated by the appropriate symbol hereinafter given, placed in the corners…

The location of the well or wells from which water is diverted shall be accurately determined and plotted on the map. The course and distance or coordinate distances from a known legal subdivision corner shall be shown. A one-eighth (1/8) inch solid circle shall represent an arte…

The location, area and capacity of any reservoirs shall be shown on the map. The main ditches shall be shown and the direction of flow shall be indicated.

The tracing shall include the following statement and certificate: Plat of underground water project to accompany land surveyor's permit report to: ___________________________________________________________________________________ (Appropriate the underground waters of the state…

The land surveyor or professional engineer and land surveyor making or directing the survey shall place upon the map (or the first sheet if more than one) his certificate. His license number together with an impression of his seal shall also appear. The certificate shall read as …