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 19.25.20.114 - CHANGES TO POINT OF DIVERSION, PURPOSE OR PLACE OF USE OF PUEBLO WATER RIGHTS ON THAT PUEBLO'S LANDS
Universal Citation: 19 NM Admin Code 19.25.20.114
Current through Register Vol. 35, No. 6, March 26, 2024
A. A Pueblo may change the point of diversion, purpose or place of use of its first priority water rights for use on that Pueblo's land from the uses set out in appendices one through four of the PFD as provided below.
(1) Prior consultation with the state
engineer or the water master is not required for such changes.
(2) Changes shall be reported to the water
master in the annual report of anticipated uses or at least 60 days prior to
making any such change.
(3) After
receiving the report, the water master shall determine whether any change in
use will impair non-Pueblo groundwater rights in accordance with 19.25.20.116
NMAC.
(4) The owners of record of
any such rights may seek reimbursement from the mitigation fund for the cost of
mitigating the impairment in accordance with 19.25.20.118 NMAC.
(5) A Pueblo making a change in the exercise
of its future basin use rights shall offset any resulting interference with
non-Pueblo surface water rights in an amount determined by the water master in
accordance with 19.25.20.115 NMAC.
(6) Non-Pueblo water rights eligible for
section 4 protection shall not be curtailed to provide water for changes to the
uses of water under future basin use rights for new commercial, industrial or
agricultural uses under Pueblo alternative administration.
(7) Future basin use rights for domestic,
community or livestock uses may not be changed. A Pueblo discontinuing uses of
water under such rights may make new uses of water under its future basin use
rights.
B. A Pueblo may change the point of diversion, purpose or place of use of any water rights acquired under state law for use on that Pueblo's land as provided below.
(1) Changes shall be reported to the water
master at least 60 days prior to making any such change.
(2) The water master shall determine if the
proposed change will impair any Pueblo or non-Pueblo groundwater rights, and
consider any remedies proposed by the Pueblos to reduce the impacts resulting
from the proposed change on groundwater rights to below the threshold for
impairment.
(3) The water master
shall determine if the proposed use will cause interference with any Pueblo or
non-Pueblo surface water rights.
(4) An application shall be denied if the
proposed change will cause interference with any Pueblo or non-Pueblo surface
water rights or will impair any Pueblo or non-Pueblo groundwater rights and
remedies are not available to offset or mitigate the interference or to reduce
groundwater effects below the level of impairment.
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