N.M. Admin. Code § 19.26.10.11

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.26.10.11 - DECLARATION OF PECOS VALLEY SURFACE WATER DISTRICT PECOS RIVER STREAM SYSTEM: Order No. 92

A. WHEREAS, 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 the several parties to the use of water along the Pecos river in New Mexico and some of its tributaries, and

B. WHEREAS, on the 6th day of May, 1935, said court relinquished jurisdiction of said cause to the state engineer, and

C. WHEREAS, the district court for the fifth judicial district of the state of New Mexico handed down a decree on June 7, 1931, in cause No. 5144, defining the rights from the Pecos river, exclusive of Black river, for the lands below lake Avalon and north of the Texas-New Mexico boundary, and

D. WHEREAS, certain water rights along Black river were defined by the district court for the fifth judicial district in cause no. 112, by decree issued January 3, 1912, and by certain court orders related thereto, and

E. WHEREAS, in order to properly distribute the waters of the Pecos river in Guadalupe, De Baca, Chaves and Eddy counties, New Mexico, the employment of a watermaster in and for said sub-district of the Pecos river stream system is necessary, and

F. WHEREAS, on July 1, 1952, the lower Pecos water district was declared by the state engineer, and

G. WHEREAS, on January 20, 1956, the Pecos river water district was declared by the state engineer, and

H. WHEREAS, on May 11, 1959, the Pecos valley surface water district was declared by the state engineer, and

I. WHEREAS, it is now found to be necessary for the economical and satisfactory apportionment of water, to administer a smaller area of the Pecos river than has heretofore been administered under the declaration of May 11, 1959;

J. NOW THEREFORE, I, S. E. Reynolds, duly appointed and qualified state engineer of the state of New Mexico, in accordance with Section 75-3-1, New Mexico Statutes Annotated, 1953, do hereby declare the Pecos valley surface water district of the Pecos river stream system as hereinafter described to be a water district in the wtate of New Mexico to be effective July 1, 1963, for the purpose of administration and distribution of the waters thereof. The limits of the water district subject to the jurisdiction of the watermaster are as follows:

(1) the Pecos river from the section line dividing sections 19 and 30, township 8 north, range 22 east, N.M.P.M., to the New Mexico-Texas state line;

(2) the Rio Agua Negra stream system downstream from U.S. highway 54 in section 29, township 8 north, range 21 east, to its mouth;

(3) Salt creek below the mouth of Cienega del Macho;

(4) the Rio Hondo and tributaries (including the northern canal system of the Hagerman irrigation company) downstream from the west line of range 24 east;

(5) Rio Felix, downstream from the Hagerman canal;

(6) Rio Penasco, downstream from the west line of township 18 south, range 26 east;

(7) Black river stream system.

K. WITNESS my hand and official seal, this 4^th day of June 1963, S. E. Reynolds, State Engineer.

N.M. Admin. Code § 19.26.10.11

Recompiled 8/30/02