N.M. Code R. § 19.25.13.31

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

Section 19.25.13.31 - APPLICATION FOR APPROVAL OF REPLACEMENT PLANS

Replacement plans are available only during state engineer priority administration of the available water supply to prevent serious and imminent economic harm in response to, and only until water rights are permanently transferred, if necessary. The state engineer may approve replacement plans based on the adopted generalized hydrologic analysis that, in his professional judgment, provide sufficient replacement water to fully offset depletions to surface waters caused by out-of-priority diversions in order to prevent impairment of senior water right owners by the junior water right owner that would otherwise be out-of-priority. Replacement plans may be approved temporarily until permanent transfer of water is effected for water right owners who are likely to face permanent curtailment, or for limited periods when a water right owner is not likely to face permanent curtailment. The owner of an out-of-priority administrable water right that is subject to administration in a water district may submit to the state engineer an application for approval of a replacement plan. The application shall contain the following information:

A. the name and address of the applicant;

B. the location, amount and priority date of applicant's existing administrable water right;

C. each source of replacement water and the amount of historic consumptive use related to the water right that is the source of replacement water, to be established by documentation satisfactory to the state engineer;

D. an estimate of the amount of water to be diverted by the applicant;

E. a map acceptable to the state engineer showing the source and point of diversion of the replacement water and the location of the proposed use;

F. a copy of any agreement between the applicant and the owner of water to be used as replacement water, or other documentation demonstrating to the state engineer's satisfaction that the applicant has a legal entitlement to a source of water to be used as replacement water;

G. the expected duration of the plan; and

H. any other information the state engineer deems necessary.

N.M. Code R. § 19.25.13.31

19.25.13.31 NMAC - N, 12/30/2004