New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS
Part 13 - ACTIVE WATER RESOURCE MANAGEMENT
Section 19.25.13.21 - WATER TO BE DIVERTED OR DELIVERED THAT WILL BE PLACED TO ACTUAL BENEFICIAL USE; ESTABLISHING BENEFICIAL USE REQUIREMENTS

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 and municipal records, as are necessary to determine, for purposes of administration, the current beneficial use needs for all types of water uses under administrable water rights during periods of priority administration. Water deliveries for irrigation uses shall not be made unless the land on which water will be used has an administrable water right as determined by the state engineer. Nothing in this provision shall be construed to allow the water master to prefer some beneficial uses to other beneficial uses on any grounds other than priority, unless he is doing so pursuant to local agreements through alternative administration. Such determination shall not affect the maximum legal entitlement to water.