N.M. Admin. Code § 19.25.20.121

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

Section 19.25.20.121 - ALTERNATIVE ADMINISTRATION OF THE PUEBLO OF TESUQUE'S EXISTING BASIN USE RIGHTS

Under alternative administration of the first priority of the Pueblo of Tesuque's existing basin use rights, the curtailment of non-Pueblo surface water rights entitled to protection under section 4 of the settlement agreement whose points of diversion on the Rio Tesuque are upstream from the Pueblo of Tesuque's southern boundary ("upstream acequias"), shall be limited to the extent necessary to provide a diversion amount by the Pueblo of Tesuque from the Rio Tesuque for irrigation of 71 acres of Pueblo land (71 acres x 4.65 AFA/Y=330.15 AFY). To ensure that the Pueblo of Tesuque receives the 330.15 AFY, the Pueblo of Tesuque and the upstream acequias have agreed that:

A. Upstream acequias may proceed with lawful diversions if, for a period of more than 48 hours:

(1) the USGS 08302500 Tesuque Creek Above Diversions gage indicates a flow of 3 cubic feet per second ("cfs") or more, or

(2) the USGS No.08308050 Rio Tesuque Below Diversions gage, at or near the Pueblo's southern boundary, indicates a flow of 1.5 cfs or more.

B. Upstream acequias shall reduce or cease their diversions as specified by the water master if the USGS 08302500 Tesuque Creek Above Diversions gage indicates a flow of less than 3 cfs and the USGS No. 08308050 Rio Tesuque Below Diversions gage, at or near the Pueblo's southern boundary indicates a flow of less than 1.5 cfs but more than 0.8 cfs.

C. Upstream acequias will cease all diversions and will allow all water in the Rio Tesuque to flow down to the Pueblo boundary if for a period of 48 hours, the USGS 08302500 Tesuque Creek Above Diversions gage indicates a flow of less than 1.5 cfs, or the USGS No. 08308050 gage, at or near the Pueblo's southern boundary, indicates a flow of less than 0.8 cfs.

N.M. Admin. Code § 19.25.20.121

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