New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 26 - SURFACE WATER
Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM
Section 19.26.11.9 - CONCLUSIONS OF LAW
Universal Citation: 19 NM Admin Code 19.26.11.9
Current through Register Vol. 35, No. 24, December 23, 2024
A. Water sub-district creation and appointment of water master
(1) The state engineer concludes that in the
interest of public safety and in the interest of water users, the GALLINAS
RIVER WATER SUB-DISTRICT should be formed and a water master appointed on a
permanent basis, so as to administer the waters of the Gallinas river, a
tributary of the Pecos river stream system, in accordance with New Mexico
law.
(2) The GALLINAS RIVER WATER
SUB-DISTRICT water master shall have immediate charge of the apportionment of
waters in the water sub-district under the general supervision of the state
engineer, and shall appropriate, regulate and control the waters of the water
sub-district so as to prevent waste.
B. Administration of affected water rights
(1) The state engineer concludes that the
immediate administration of water rights on the Gallinas river is necessary for
the protection of the public, protection of prior water rights, and the
prevention of waste.
(2) The state
engineer concludes that the water master of the water sub-district created by
this rule shall apportion the waters of the sub-district in accordance with the
guidelines, existing or future regulations, manuals, directions, and
supervision provided by the state engineer.
(3) Additional instructions to the water
master for the apportionment of water within the sub-district will be based
upon available data, models, (including water master manual models), surveys
and the state engineer's best professional judgment.
(4) The state engineer concludes that the
water sub-district created by this rule shall include the following
organizational features:
(a) The appointment
of a single water master for the GALLINAS RIVER WATER SUB-DISTRICT.
(b) The water master shall be a direct
employee of the OSE and shall receive compensation in an amount to be
determined by the state engineer. The water master shall also be compensated
for all actual and necessary expenses incurred in performing the duties of
water master.
(c) After appointment
of the water master, the state engineer shall prepare a budget of estimated
amount required to pay the compensation and expenses of the water master to the
end of the current fiscal year, and shall certify the same to the board of
county commissioners of San Miguel and Guadalupe counties, wherein the duties
of the water master are to be performed. The budget shall specify the
distribution of the amounts to be charged against and allotted to each water
user or ditch owner, and which respective amounts shall be based upon the
quantity of water received or to be received by each in proportion to the total
quantities of water delivered or to be delivered under the water rights of all.
The salary and expenses of the water master will be paid monthly by the board
of county commissioners in accordance with the requirements of NMSA, 1978,
Section 72-3-4(1907).
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