New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 26 - SURFACE WATER
Part 2 - ADMINISTRATION
Section 19.26.2.19 - WATER DEVELOPMENT PLANS

Universal Citation: 19 NM Admin Code 19.26.2.19

Current through Register Vol. 35, No. 18, September 24, 2024

A forty-year planning entity shall be allowed a water use planning period, not to exceed forty years, to acquire and hold water rights pursuant to Section 72-1-9 NMSA. A water development plan may be filed at any time. If a plan is not already on file, a water development plan shall be filed with an application to appropriate water or transfer a water right where the water right will be held unused or undeveloped pursuant to the plan.

A. Planning period: The water rights of a forty-year planning entity subject to this section shall be based upon the reasonably projected additional needs for water within forty years set out in a water development plan. The implementation of the plan shall not exceed a forty-year period from the date the forty-year planning entity files with the state engineer an application to change the place or purpose of use of a water right pursuant to the plan or an application for a new appropriation pursuant to the plan.

B. Water development plan - content: A water development plan shall include the following information: the name and address of the owner of record of the water rights subject to the plan, a summary of all water rights subject to the plan, the place and purpose of use of the identified water rights, the historical and current water use, the historical and existing population served by the identified water rights, reasonable population projections, implemented water conservation measures, planned water conservation measures, a summary of the per capita water use including a comparison with the per capita water use of other similar forty-year planning entities, reasonably projected additional needs - taking into account the variability of surface water supply and the sustainability of groundwater supply - for water within forty years, and any other information the state engineer deems necessary. If a development plan lacks any of this information, it may be returned to the forty-year planning entity for completion.

C. Filing fee: A fee of $100 must accompany a water development plan.

D. Return of plan: The state engineer may return the plan to the forty-year planning entity, with a statement of corrections required, if it is found to be faulty or incomplete.

E. Approval of plan: Upon review of the plan, if the state engineer finds the plan to be reasonable, the plan and projected needs of the planning entity will be approved by the state engineer. Notification of the approval shall be given to the planning entity.

F. Water rights held pursuant to plan: For permits for water rights acquired by forty-year planning entities pursuant to a forty-year plan, the state engineer may grant extensions of time which in combination extend the time allowed by the permit up to forty (40) years from the date of the application where:

(1) the planning entity acquires and holds the water right pursuant to a water development plan approved by the state engineer; and

(2) upon acquisition of the water right it files with the state engineer an application to change the place or purpose of use of the water right pursuant to the water development plan; and

(3) the quantity of water associated with the water right, together with the quantity of water associated with the other water rights and permits held pursuant to the plan, does not exceed the reasonably projected additional needs for water within forty years set out in the plan.

G. Permits for new appropriations held pursuant to plan: For permits for new appropriations for forty-year planning entities, the state engineer may grant extensions of time which in combination extend the time allowed by the permit up to forty (40) years from the date of the application where:

(1) the application is filed and the permit will be held pursuant to a water development plan approved by the state engineer; and

(2) the quantity of water authorized in the permit, together with the quantity of water associated with the water rights and other permits held pursuant to the plan, does not exceed the reasonably projected additional needs for water within the forty years set out in the plan.

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