N.M. Admin. Code § 19.25.20.105

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.25.20.105 - GENERAL PRINCIPLES FOR USE AND ADMINISTRATION OF SURFACE WATER AND GROUNDWATER

These general principles apply to the administration of all surface water rights and groundwater rights in the NPT basin.

A. The NPT basin is fully appropriated and there shall be no new appropriations of surface or groundwater.

B. No surface or groundwater diverted within the NPT basin may be delivered for use outside the NPT basin other than for Pueblo use on Pueblo land.

C. Diversions from the Rio Grande shall not be considered to be diversions within the NPT basin.

D. Any water rights diverted by the regional water authority within the NPT basin, whether based on state or federal law, including contractual rights to water, shall be administered at the point of diversion in accordance with state law and regulation.

E. For agricultural uses, the amount of water shall not exceed 4.65 AFY per acre diverted by the ditch at the point of diversion from the source of surface water (PDR), or 3.35 AFY per acre delivered at the farm headgate or well head (FDR), or a consumptive irrigation requirement of 1.84 AFY per acre (CIR), whichever is less.

F. For non-agricultural uses, the consumptive use amount shall be deemed to be equal to the amount of the diversion. The diversion amount shall not exceed the consumptive use amount unless a return flow plan is approved by the state engineer.

G. The priority and amount of water for all surface water rights is the priority and amount of water adjudicated in the final decree.

H. The point of diversion, purpose or place of use of non-Pueblo water rights may only be changed in accordance with state law and this rule.

I. After March 21, 2016, permits for new groundwater points of diversion in the NPT basin may only be issued on the condition that the diversion be metered and only as set forth in this rule.

J. The replacement, repair or deepening of a well pursuant to a permit from the state engineer shall not be considered a change in point of diversion, purpose or place of use.

K. An application for a change in point of diversion or place or purpose of use of a water right into or out of an acequia or community ditch subject to Sections 73-2-1 through 73-2-68 NMSA 1978 or Sections 73-3-1 through 73-3-11 NMSA 1978 shall include the documentary evidence of the applicant's compliance with the requirements of Section 72-5-24.1 NMSA 1978.

N.M. Admin. Code § 19.25.20.105

Adopted by New Mexico Register, Volume XXVIII, Issue 17, September 12, 2017, eff. 9/12/2017