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 19.25.20.117 - CHANGES TO POINT OF DIVERSION, PURPOSE OR PLACE OF USE OF PUEBLO WATER RIGHTS OR NEW EXERCISES OFF THAT PUEBLO'S LANDS
Universal Citation: 19 NM Admin Code 19.25.20.117
Current through Register Vol. 35, No. 6, March 26, 2024
A. By application to the state engineer, a Pueblo may change the point of diversion, purpose or place of use of its first priority water rights, including a lease of such rights to non-Pueblos, to a point of diversion, place or purpose of use off that Pueblo's lands within the NPT basin.
(1) Applications to the state
engineer for use of Pueblo first priority water rights off that Pueblo's lands
shall be governed by applicable statutory provisions and administrative
rules.
(2) The water master shall
determine if any Pueblo or non-Pueblo groundwater rights will be impaired by
the granting of an application, and consider any remedies proposed by the
Pueblos to reduce impacts on groundwater rights below the threshold for
impairment.
(3) An application
shall be denied if the proposed change will impair Pueblo or non-Pueblo water
rights and remedies are not available to reduce groundwater effects below the
level of impairment.
(4) The
exercise of a Pueblo's first priority water rights on the lands of another
Pueblo is not contrary to the conservation of water within the state or
detrimental to the public welfare of the state. The exercise of a Pueblo's
first priority water rights on non-Pueblo lands, in and of itself, is not
contrary to the conservation of water in the state or detrimental to the public
welfare of the state.
(5) An
approval of a proposed change to a point of diversion, purpose or place of use
off a Pueblo's land shall be conditioned to require offsets to avoid
interference with Pueblo surface water rights or non-Pueblo surface water
rights entitled to section 4 protection.
(6)Notice of the approval or denial of an
application, and any required offsets, shall be mailed to the Pueblo tribal
council or governor by certified mail, and posted on the state engineer's
website.
(7) Non-Pueblo water
rights eligible for section 4 protection shall not be curtailed to provide
water for the new or changed exercise of future basin use rights under Pueblo
alternative administration.
B. Applications to the state engineer for use of a Pueblo's state law water rights off that Pueblo's lands shall be governed by applicable statutes and administrative rules.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.