Current through Register Vol. 35, No. 18, September 24, 2024
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 use of the water rights by application to the
state engineer.
B.
Section 72-12-1 wells. The amount of the water right to be
conveyed to the county water utility per household from each Section 72-12-1
well shall be limited to one of the following options:
(1)
Full amount for single
household
wells. If a household elects to connect to the
CWU and to no longer divert water from a Section 72-12-1 well, ownership of the
full amount adjudicated shall be conveyed to the CWU. If no amount is specified
in the final decree or determined pursuant to Subsection (B) of 19.25.20.108
NMAC, the amount shall be presumed to be the following:
(a) 0.7 afy for Section 72-12-1 wells
permitted before January 13, 1983;
(b) 0.7 afy for Section 72-12-1 wells
permitted after January 13, 1983 that entered into the post-1982 well
agreement;
(c) 0.5 afy for Section
72-12-1 wells permitted after January 13, 1983 that did not enter into the
post-1982 well agreement.
(2)
Partial amount for single household
wells. If a household elects to connect to the CWU for indoor uses and
to continue to divert a portion of its water right from a Section 72-12-1 well
for outdoor use only, the household shall convey ownership of 0.3 afy to the
CWU, as follows:
(a) A household with a water
right of 0.4 afy or greater shall convey ownership of 0.3 afy to the CWU.
(i) The household may continue to divert the
amount of the household's remaining right from the Section 72-12-1 well for
outdoor use only.
(ii) The well
shall be metered, not interconnected with the CWU water system, and the outdoor
use shall be limited to irrigation not to exceed the amount of the household's
remaining right in the well for up to one acre of noncommercial trees, lawn or
garden, and if allowed, livestock watering.
(b) A household with an adjudicated water
right for a single household that does not define a specific amount of water
shall convey ownership of 0.3 afy to the CWU.
(i) The household may continue to divert up
to 0.2 afy from the Section 72-12-1 well for outdoor use only.
(ii) The amount that may be diverted may
exceed 0.2 afy per household based upon a determination of greater historic
beneficial use by the water master pursuant to Subsection (B) of 19.25.20.108
NMAC.
(iii) The well shall be
metered, not interconnected with the CWU water system, and the outdoor use
shall be limited to irrigation not to exceed the amount of the household's
remaining right in the well for up to one acre of noncommercial trees, lawn or
garden, and, if allowed, livestock watering.
(3)
Full amount for multiple household
wells. If a household with a water right from a multiple household
Section 72-12-1 well elects to connect to the CWU and to no longer divert water
from the well, ownership of the full amount per household adjudicated shall be
conveyed to the CWU. If no specific amount is defined in the final decree or
determined pursuant to Subsection (B) of 19.25.20.108 NMAC, the amount per
household is presumed to be the following amounts (or as limited by the maximum
amount for all households combined from the Section 72-12-1 well):
(a) 0.7 afy for Section 72-12-1 wells
permitted before January 13, 1983;
(b) 0.7 afy for Section 72-12-1 wells
permitted after January 13, 1983 that entered into the post-1982 well
agreement;
(c) 0.5 afy for Section
72-12-1 wells permitted after January 13, 1983 that did not enter into the
post-1982 well agreement.
(4)
Partial amount for multiple
household wells. If a household with a water right from a multiple
household Section 72-12-1 well elects to connect to the CWU for indoor uses and
to continue to divert a portion of its water right from the well for outdoor
use only, the household shall convey ownership of 0.3 afy to the CWU, as
follows:
(a) A household with water right of
0.4 afy or greater shall convey ownership of 0.3 afy to the CWU.
(i) The household may continue to divert the
amount of the household's remaining right in the well for outdoor use only
(limited by the maximum amount for all households combined from the Section
72-12-1 well).
(ii) The well shall
be metered, not interconnected with the CWU water system, and the outdoor use
shall be limited to irrigation not to exceed the amount of the household's
remaining right in the well for up to one acre of noncommercial trees, lawn or
garden, and if allowed, livestock watering.
(b) A household with an adjudicated water
right from a multiple household Section 72-12-1 well that does not define a
specific amount of water shall convey ownership of 0.3 afy to the CWU.
(i) The household may continue to divert the
amount of the household's remaining right from the Section 72-12-1 well for
outdoor use only (limited by the maximum amount for all households combined
from the Section 72-12-1 well).
(ii) The well shall be metered, not
interconnected with the CWU water system, and the outdoor use shall be limited
to irrigation not to exceed the amount of the household's remaining right in
the well for up to one acre of noncommercial trees, lawn or garden, and, if
allowed, livestock watering.
C.
Pre-Basin Wells. Ownership
ofdomestic use water rights from pre-basin wells may be conveyed to the CWU.
The CWU may change the point of diversion, place and purpose of use of the
water right by application to the state engineer. The amount of the water right
to be conveyed to the county water utility from each pre-basin well shall be
limited to one of the following options chosen by the owner of record:
(1)
Full amount for single household
wells. If a household elects to connect to the CWU and to no longer
divert water from a pre-basin well, the household shall convey ownership of the
full amount adjudicated to the CWU. For pre-basin wells that have not been
adjudicated a specific amount of water in the final decree or determined
pursuant to Subsection (B) of 19.25.20.108 NMAC, the amount is presumed to be
0.7 afy per well.
(2)
Partial
amount for single household wells. If a household elects to connect to
the CWU and to continue to divert water from a pre-basin well for outdoor or
other adjudicated uses only, the household shall convey ownership of 0.3 afy to
the CWU as follows:
(a) A household with an
adjudicated water right of 0.4 afy or greater shall convey ownership of 0.3 afy
to the CWU.
(i) The household may continue to
divert the amount of the household's remaining right in the well for outdoor or
other adjudicated uses only.
(ii)
The well shall be metered and not interconnected with the CWU water
system.
(b) For pre-basin
wells that have not been adjudicated a specific amount of water, the amount of
water conveyed to the CWU shall be 0.3 afy.
(i) The household may continue to divert up
to 0.4 afy from the pre-basin well for outdoor or other adjudicated uses
only.
(ii) The amount of the
retained water right may exceed 0.4 afy per based upon a determination of
greater historic beneficial use by the water master pursuant to Subsection (B)
of 19.25.20.108 NMAC, reduced by the total amount of the water right conveyed
to the CWU from the well.
(iii) The
well shall be metered and not interconnected with the CWU water
system.
(3)
Full amount for multiple household wells. If a household with a
water right from a multiple household pre-basin well elects to connect to the
CWU and to no longer divert water from the well, ownership of the full amount
per household adjudicated in the final decree shall be conveyed to the CWU. If
no specific amount is defined in the final decree or determined pursuant to
Subsection (B) of 19.25.20.108 NMAC, the amount is presumed to be 0.5 afy per
household (or as limited by the maximum amount for all households combined from
the pre-basin well).
(4)
Partial amount for multiple household wells. If a household with a
water right from a multiple household pre-basin well elects to connect to the
CWU for indoor uses and to continue to divert a portion of its water right from
the well for outdoor or other adjudicated uses only, the household shall convey
ownership of 0.3 afy to the CWU, as follows:
(a) A household with an adjudicated water
right of 0.4 afy or greater shall convey ownership of 0.3 afy to the CWU.
(i) The household may continue to divert the
amount of the household's remaining right in the well for outdoor or other
adjudicated uses only (limited by the maximum amount for all households
combined from the pre-basin well).
(ii) The well shall be metered and not
interconnected with the CWU water system.
(b) A household with an adjudicated water
right from a multiple household pre-basin well that does not define a specific
amount of water shall convey ownership of 0.3 afy to the CWU.
(i) The household may continue to divert up
to 0.4 afy from the pre-basin well for outdoor or other adjudicated uses only
(limited by the maximum amount for all households combined from the pre-basin
well).
(ii) The amount that may be
diverted may exceed 0.4 afy per household based upon a determination of greater
historic beneficial use by the water master pursuant to Subsection (B) of
19.25.20.108 NMAC, reduced by the total amount of the water right conveyed to
the CWU from the well.
(iii) The
well shall be metered and not interconnected with the CWU water
system.
D.
Subsequent conveyance of ownership
of the remaining amount to CWU. A household that elected a partial
conveyance of ownership may subsequently convey ownership of the remaining
amount of the domestic use water right to the CWU. The CWU may change the point
of diversion, place and purpose of use to the CWU by application to the state
engineer.