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 19.25.20.101 - GENERAL AUTHORITY AND DUTIES OF THE NPT DISTRICT WATER MASTER
Universal Citation: 19 NM Admin Code 19.25.20.101
Current through Register Vol. 35, No. 6, March 26, 2024
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 and compliance with the terms and conditions of the settlement agreement, the PFD and the final decree:
(1) supervise all
diversions from surface and underground water sources;
(2) curtail surface and groundwater
diversions to ensure compliance;
(3) issue verbal or written orders requiring
installation, calibration, repair, and replacement of adequate headgates and
surface water measurement devices at all surface water diversion works, and all
groundwater diversion measuring devices as necessary;
(4) issue verbal or written orders requiring
calibration, repair, replacement or installation of meters in accordance with
the requirements of Subsection C of
19.27.5.13
NMAC to measure the amount of water diverted from each well;
(5) issue or affix to points of diversion
curtailment orders or red tags that provide notice of illegal diversions or
diversions that are out of priority under priority administration or contrary
to those allowed under the settlement agreement or final decree. Once a red tag
has been affixed, the owner of record or person shall not divert water until
the water master has removed the tag;
(6) issue verbal or written curtailment
orders to owners of record or persons making illegal diversions and document
such illegal diversions;
(7) issue
verbal or written orders to achieve the objectives of this rule;
(8) take any action necessary to close, cap,
lock or otherwise temporarily disable any diversion headgate, pump, or
equipment to ensure compliance, and affix to the diversion structure a red tag
whenever the water master takes such action;
(9) ensure compliance with applicable state
engineer, water master or court orders;
(10) determine whether a new or changed
Pueblo use of its first priority rights will interfere with any surface water
rights eligible for section 4 protection, and the amount of any offsets
required;
(11) determine if the
change in point of diversion, purpose or place of use of Pueblo-owned state law
water rights within the lands of a Pueblo will impair groundwater rights or
interfere with any surface water rights. A determination by the water master of
projected hydrologic effects from such changes to state water law rights within
a Pueblo shall include consideration of remedies proposed by the Pueblo to
reduce groundwater effects below the threshold level of impairment;
(12) enter private, public, or Pueblo lands
to inspect, monitor, and maintain all measuring facilities and to operate,
close or lock headgates;
(13) with
respect to agricultural lands, enter upon private or public lands to verify the
irrigability of lands designated by owners of record to be irrigated in a
particular season and determine whether and to what extent irrigation
occurs;
(14) maintain records,
including records of elections made pursuant to the settlement agreement and
subsequent compliance with such elections; and
(15) respond in a timely manner to requests
for priority administration.
C. The water master may exercise any remedy available to him under applicable law to enforce compliance by owners of record and Pueblos with their obligations under the settlement agreement, the final decree, any election made pursuant to the settlement agreement, and this rule.
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