N.M. Admin. Code § 19.25.20.114

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

Section 19.25.20.114 - CHANGES TO POINT OF DIVERSION, PURPOSE OR PLACE OF USE OF PUEBLO WATER RIGHTS ON THAT PUEBLO'S LANDS

A. A Pueblo may change the point of diversion, purpose or place of use of its first priority water rights for use on that Pueblo's land from the uses set out in appendices one through four of the PFD as provided below.

(1) Prior consultation with the state engineer or the water master is not required for such changes.

(2) Changes shall be reported to the water master in the annual report of anticipated uses or at least 60 days prior to making any such change.

(3) After receiving the report, the water master shall determine whether any change in use will impair non-Pueblo groundwater rights in accordance with 19.25.20.116 NMAC.

(4) The owners of record of any such rights may seek reimbursement from the mitigation fund for the cost of mitigating the impairment in accordance with 19.25.20.118 NMAC.

(5) A Pueblo making a change in the exercise of its future basin use rights shall offset any resulting interference with non-Pueblo surface water rights in an amount determined by the water master in accordance with 19.25.20.115 NMAC.

(6) Non-Pueblo water rights eligible for section 4 protection shall not be curtailed to provide water for changes to the uses of water under future basin use rights for new commercial, industrial or agricultural uses under Pueblo alternative administration.

(7) Future basin use rights for domestic, community or livestock uses may not be changed. A Pueblo discontinuing uses of water under such rights may make new uses of water under its future basin use rights.

B. A Pueblo may change the point of diversion, purpose or place of use of any water rights acquired under state law for use on that Pueblo's land as provided below.

(1) Changes shall be reported to the water master at least 60 days prior to making any such change.

(2) The water master shall determine if the proposed change will impair any Pueblo or non-Pueblo groundwater rights, and consider any remedies proposed by the Pueblos to reduce the impacts resulting from the proposed change on groundwater rights to below the threshold for impairment.

(3) The water master shall determine if the proposed use will cause interference with any Pueblo or non-Pueblo surface water rights.

(4) An application shall be denied if the proposed change will cause interference with any Pueblo or non-Pueblo surface water rights or will impair any Pueblo or non-Pueblo groundwater rights and remedies are not available to offset or mitigate the interference or to reduce groundwater effects below the level of impairment.

N.M. Admin. Code § 19.25.20.114

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