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 19.25.20.107 - DIVERSION, USE, AND ADMINISTRATION OF SURFACE WATER FOR NON-PUEBLO WATER RIGHTS

Universal Citation: 19 NM Admin Code 19.25.20.107

Current through Register Vol. 35, No. 6, March 26, 2024

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 diversion of a water right for agricultural use from surface water to groundwater, provided:

(1) Water rights from within the NPT basin are moved to the new point of diversion in accordance with state law and this rule;

(2) The priority and amount of the water rights that may be moved shall be determined under state law and shall be reduced in amount to account for historic supply at the original surface point of diversion.

B. Section 4 protection upon change in point of diversion, purpose or place of use of s urface water. Section 4 protection and offset requirements for interference shall only apply to the amount of water that is determined to be the current use of water under a surface water right. The current use of water under a surface water right is the calculated average yearly use of water under the right for the five-year period immediately preceding any application to change the point of diversion, purpose or place of use of that right.

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