N.M. Code R. § 19.25.20.119

Current through Register Vol. 35, No. 11, June 11, 2024

Section 19.25.20.119 - PRIORITY ADMINISTRATION

A. The water master may implement priority administration in the NPT water master district. Priority administration may be initiated by the state engineer as a result of the state engineer's independent determination that priority administration is necessary, as provided by 19.25.13.43 NMAC, and in response to a request for priority administration by a water right owner of record, Pueblo, the United States as trustee for the Pueblos, or the interstate stream commission.

B. The forms of priority administration applicable in the NPT are described in Subsection C of 19.25.13.7 NMAC, which include direct flow administration, storage water administration, depletion limit administration, and alternative administration. Depletion limit administration and alternative administration are the two forms of administration applicable when the exercise of groundwater rights is causing a surface water owner of record to not receive the water to which the surface water right owner of record is entitled.

C. Sections 2.4.4.5, 3.1.7.2 and 4 of the settlement agreement constitute Pueblo alternative administration that has been accepted by the state engineer as between the Pueblos' first priority rights and the water rights of the non-Pueblo settlement parties. Section 4.1.2 of the settlement agreement constitutes alternative administration that has been accepted by the state engineer of the Pueblo of Tesuque's existing basin use rights.

D. Non-settlement parties' water rights shall only be curtailed under Pueblo alternative administration to the extent such curtailment would occur without the settlement agreement.

E. Non-settlement parties seeking priority administration shall have the same rights and benefits that would be available without the settlement agreement.

N.M. Code R. § 19.25.20.119

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