N.M. Code R. § 19.25.20.116

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

Section 19.25.20.116 - WATER MASTER DETERMINATION OF IMPAIRMENT TO GROUNDWATER RIGHTS FROM EXERCISE OF PUEBLO WATER RIGHTS ON PUEBLO LANDS

A. Within 60 days of receiving notice of a proposed action (or report of anticipated uses of water) under 19.25.20.114 NMAC, the water master shall determine if any non-Pueblo groundwater rights will be impaired by a new use or change in use of water under Pueblo water rights on Pueblo lands. In making these determinations, the water master shall utilize the hydrologic model developed by the state of New Mexico and the United States.

B. Notice of any projected impairment shall be mailed to the affected owner of record by certified mail. The notice of impairment shall include a description of the factual or technical basis for the determination, and any recommended mitigation action such as drilling a replacement well or obtaining an alternate water supply. The water master shall post a notice of all projected impairments on the office of the state engineer's website, together with the reports on anticipated uses of water submitted by the Pueblos. Notice of all projected impairments shall also be mailed to the Governor of each Pueblo.

C. An owner of record that is not identified as being impaired by the uses identified in the Pueblos' reports on anticipated uses of water may within 60 days of the posting of the water master's notice of projected impairments on the office of the state engineer's website request in writing a hearing before the state engineer to demonstrate that their groundwater rights will be impaired by the Pueblos' use of their first priority water rights and may seek reimbursement for the cost of mitigating the impairment from the mitigation fund in accordance with 19.25.20.118 NMAC.

D. The water master may identify owners of record that will be impaired in addition to those identified pursuant to Subsection A of this Section. The water master shall notify any additional affected owners of record and Pueblos in accordance with the provisions of this Section. Owners of record of water rights that are identified pursuant to this Subsection may seek reimbursement for the cost of mitigating the impairment from the mitigation fund in accordance with 19.25.20.118 NMAC.

N.M. Code R. § 19.25.20.116

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