Current through Register Vol. 35, No. 6, March 26, 2024
A. In addition to Pueblo alternative
administration, voluntary alternative administration may be
accepted by the water master if the criteria below are met. Voluntary
alternative administration may include shortage sharing, such as, but not
limited to, percentage division or pro rata allocation, rotation of water use,
and reduced diversions. The owners of record of administrable water rights
subject to priority administration may request that the water master implement
a voluntary form of alternative administration by submitting a written plan to
the water master that includes:
(1) an
agreement by the owners of record to the terms and conditions of the
plan;
(2) the name, address and
phone number, and electronic mail address, if applicable, of the person
designated as the contact person for the owners of record, or in the case of an
acequia, the mayordomo of the ditch;
(3) a description of the water rights
included in the plan, the proposed operation of the plan, the specific steps
required of the water master to administer the plan, and requirements for
reporting the progress of the plan to the water master; and
(4) a demonstration, through accurate
analysis using analytic tools acceptable to the water master, that the
implementation of the plan will:
(a)
economically and satisfactorily apportion the available water supply among
owners of record who have agreed to the alternative administration
plan;
(b) not impair the
administrable water rights of owners of record who are not participating in, or
have not agreed to, the alternative administration plan;
(c) not be contrary to conservation of water
in the State; and
(d) not be
detrimental to the public welfare of the State.
B. The water master shall not implement an
alternative administration plan if:
(1) other
owners of record of administrable water rights that may be affected by the
alternative administration plan object to its implementation, unless the water
master determines that the objection is without merit;
(2) one or more owners of record of the
administrable water rights subject to the plan rescinds his agreement in
writing; or
(3) the water master
cannot adequately administer or supervise the alternative administration plan
in a manner that ensures that the plan will:
(a) economically and satisfactorily apportion
the available water supply among owners of record who have agreed to the
alternative administration plan;
(b) not impair the administrable water rights
of owners of record who are not participating in, or have not agreed to, the
alternative administration plan;
(c) not be contrary to conservation of water
in the State; and
(d) not be
detrimental to the public welfare of the State.
C. Periods of time during which non-Pueblo
acreage with an appurtenant water right is not irrigated because of the
implementation of an alternative administration plan shall not be counted as
part of any period of non-use that may support a determination that the water
right is no longer eligible for protection under section 4.
D. Nothing in this Section prevents the water
master from exercising his authority and duties set forth in Section
19.25.20.101 NMAC.
