N.M. Admin. Code § 19.26.11.8

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

Section 19.26.11.8 - FINDINGS OF FACT

A. The United States district court for the district of New Mexico handed down a decree on May 9, 1933 entitled "The United States of America, Plaintiff, vs. Hope Community Ditch, et al., Defendants, No. 712 Equity," defining the rights of several parties to the use of water along the Pecos river in New Mexico and some of its tributaries, among which is the Gallinas river.

B. On May 6, 1935, said court relinquished jurisdiction of said case to the state engineer.

C. In order to properly apportion the waters of the Gallinas river in San Miguel and Guadalupe counties, New Mexico, the establishment of a water sub-district for those waters and the appointment of a water master in and for said water sub-district of the Pecos river water district is necessary.

D. The amount of water flowing in the Gallinas river is finite and varies year to year based on annual spring run-off, which is dependent on annual precipitation.

E. The city of Las Vegas, numerous acequia associations ("acequias"), Gallinas canal storage and irrigation company, and Storrie project water user's association ("Storrie project") are all water users of the Gallinas river.

F. Adjudication of water rights along the Gallinas river has not been completed.

G. Recent droughts in the state of New Mexico have created a water shortage crisis in the Pecos river stream system, including the Gallinas river.

H. The shortage of water on the Gallinas river is a problem affecting the citizens of San Miguel and Guadalupe counties.

I. By letter dated March 19, 2003, Storrie project requested that the state engineer administer the water in the Gallinas river.

J. By letter facsimiled May 19, 2003, several acequias requested that the state engineer administer the water in the Gallinas river.

K. On January 20, 1956, the Pecos river water district was declared by the state engineer.

L. Creation of a water sub-district and appointment of a water master for the Gallinas river is needed to ensure public safety and that the interests of each water user are protected so that they receive the water to which they are entitled.

N.M. Admin. Code § 19.26.11.8

19.26.11.8 NMAC - N, 8/29/03