N.M. Admin. Code § 19.26.2.8

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

Section 19.26.2.8 - DECLARATION OF A WATER RIGHT DEVELOPED PRIOR TO MARCH 19, 1907

All water rights established by beneficial use in New Mexico prior to March 19, 1907, were recognized and confirmed by the state constitution at the time of its adoption. Any person, firm or corporation claiming to be the owner of a water right established prior to March 19, 1907, from any surface water source may file a declaration on a form prescribed by the state engineer setting forth the history and continuity of the beneficial use to which said water has been applied. A declaration may be accompanied by a map prepared pursuant to 19.26.2.26 NMAC and may be accompanied by deeds, survey plats, affidavits and other evidence tending to substantiate the claim. If such supporting documents are filed with the state engineer, they will be filed together with the declaration. The declaration may be filed by the declarant on his personal information and belief. No declarations will be accepted for filing within any stream system where an adjudication court has entered an order or decree that operates to bar such claims.

A. Form - content: A declaration shall be filed on a form prescribed by the state engineer. The declaration shall include the following information: the name and address of the declarant, the owner of the land on which the water is used, legal descriptions for the point of diversion and the place of use, the purpose of use, quantity of water used, periods of use, the date water was first applied to beneficial use and the continuity thereof, and any other information deemed necessary by the state engineer. The point of diversion shall be described using latitude and longitude or the New Mexico state plane coordinate system. The declarant shall sign the declaration before a notary.

B. Amended declaration: An amended declaration may be filed to supplement the evidence substantiating the claim or to correct any clerical errors in the initial declaration. An amended declaration that changes the purpose of use or amount of water, or that is filed after an application affecting the declared water right has been filed, will only be accepted for filing if substantial and specific documentation supporting the change(s) is filed with the amended declaration. The state engineer will not accept an amended declaration after an application affecting the declared rights has been acted upon by the state engineer in accordance with Subsections F and H of 19.26.2.12 NMAC or 19.25.2 NMAC. An amended declaration may be accompanied by deeds, survey plats, affidavits and other evidence to further substantiate the claim.

C. Filing fee: A fee of $10 must accompany a declaration, with or without attachments. An amended declaration requires a fee of $25 with or without attachments. After a declaration has been accepted for filing, submission of any other document associated with the declaration, which becomes a part of the permanent water right record, requires a fee of $5.00.

D. Action of the state engineer: Upon receipt of a declaration or amended declaration a preliminary investigation may be performed by the state engineer. If this preliminary investigation reveals deficiencies in the declaration or amended declaration, the declaration may be returned to the declarant. If the declaration is accepted for filing by the state engineer, the acceptance does not constitute validation of the right claimed. The declaration may be recorded by the declarant in the office of the county clerk of the county wherein the diversion works are located.

N.M. Admin. Code § 19.26.2.8

19.26.2.8 NMAC - N, 1/31/2005