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 19.25.13.32 - GENERALIZED HYDROLOGIC ANALYSIS
Current through Register Vol. 35, No. 6, March 26, 2024
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 upon, and obtained from, the best available hydrologic model or models designated by the state engineer for the water master district. The hydrologic models based upon the best available hydrogeologic data will take into account existing surface and groundwater diversions and the combined effect of groundwater and surface water uses on the basin groundwater and surface water system. Adoption of a generalized hydrologic analysis shall be undertaken in conjunction with the public rule-making process for district-specific regulations pursuant to Subsection D of 72-2-8 NMSA. The generalized hydrologic analysis shall include guidelines for the approval of applications. If an applicant agrees to the use of the generalized hydrologic analysis in the review of his application, the state engineer shall expedite his review of the application on that basis. The generalized hydrologic analysis may be adopted as part of basin-specific regulations developed by the state engineer for a specific water master district, or subsequent thereto. A generalized hydrologic analysis shall not be adopted in the absence of proposed district-specific regulations for administration. After consideration of public comment on a proposed generalized hydrologic analysis, the state engineer may adopt a generalized hydrologic analysis for use to evaluate replacement plans pertinent to administration within the water master district. In order to adopt a generalized hydrologic analysis, the state engineer shall find that it is sufficiently conservative to assure that any replacement plan that is approved:
A. will not impair in-priority administrable water rights and by limiting diversions under the replacement plan to no more than the average of recent historical beneficial use will be a sufficient basis for such a finding; and
B. will not result in any increase in depletions within the water master district; accepting an applicant's assurance that no water shall be diverted under that portion of the in-priority administrable water right that is committed to the replacement plan, and finding that foregone average historic depletions associated with the temporarily transferred in-priority water right are at least 10 percent greater than the average historic depletions associated with the out-of-priority administrable water right, are together a sufficient basis for such a finding.
