N.M. Admin. Code § 19.25.20.123

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

Section 19.25.20.123 - VOLUNTARY ALTERNATIVE ADMINISTRATION

A. In addition to Pueblo alternative administration, voluntary alternative administration may be accepted by the water master if the criteria below are met. Voluntary alternative administration may include shortage sharing, such as, but not limited to, percentage division or pro rata allocation, rotation of water use, and reduced diversions. The owners of record of administrable water rights subject to priority administration may request that the water master implement a voluntary form of alternative administration by submitting a written plan to the water master that includes:

(1) an agreement by the owners of record to the terms and conditions of the plan;

(2) the name, address and phone number, and electronic mail address, if applicable, of the person designated as the contact person for the owners of record, or in the case of an acequia, the mayordomo of the ditch;

(3) a description of the water rights included in the plan, the proposed operation of the plan, the specific steps required of the water master to administer the plan, and requirements for reporting the progress of the plan to the water master; and

(4) a demonstration, through accurate analysis using analytic tools acceptable to the water master, that the implementation of the plan will:

(a) economically and satisfactorily apportion the available water supply among owners of record who have agreed to the alternative administration plan;

(b) not impair the administrable water rights of owners of record who are not participating in, or have not agreed to, the alternative administration plan;

(c) not be contrary to conservation of water in the State; and

(d) not be detrimental to the public welfare of the State.

B. The water master shall not implement an alternative administration plan if:

(1) other owners of record of administrable water rights that may be affected by the alternative administration plan object to its implementation, unless the water master determines that the objection is without merit;

(2) one or more owners of record of the administrable water rights subject to the plan rescinds his agreement in writing; or

(3) the water master cannot adequately administer or supervise the alternative administration plan in a manner that ensures that the plan will:

(a) economically and satisfactorily apportion the available water supply among owners of record who have agreed to the alternative administration plan;

(b) not impair the administrable water rights of owners of record who are not participating in, or have not agreed to, the alternative administration plan;

(c) not be contrary to conservation of water in the State; and

(d) not be detrimental to the public welfare of the State.

C. Periods of time during which non-Pueblo acreage with an appurtenant water right is not irrigated because of the implementation of an alternative administration plan shall not be counted as part of any period of non-use that may support a determination that the water right is no longer eligible for protection under section 4.

D. Nothing in this Section prevents the water master from exercising his authority and duties set forth in Section 19.25.20.101 NMAC.

N.M. Admin. Code § 19.25.20.123

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