N.M. Admin. Code § 19.26.2.13

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

Section 19.26.2.13 - PERMITS

Upon state engineer approval an application becomes a permit. A permit allows the permittee to place water to beneficial use in accordance with the permit conditions of approval.

A. Construction of works and proof of completion: No works for the storage, diversion, or carriage of water may be constructed or substantially modified except in accordance with the permit conditions of approval. Any such construction or modification must be supervised by a professional engineer, registered in the state of New Mexico, unless the state engineer in his discretion expressly waives this requirement. On or before the date set in the permit for the completion of works, the permittee shall notify the state engineer that work has been completed by filing with the state engineer proof of completion of works.

(1) Form - content: The permittee shall submit proof of completion of works on a form prescribed by the state engineer. The form shall include the following information: the name and address of the permittee, the pertinent state engineer file number(s), the source of water supply, the name of the stream system, the location of point of diversion, a description of the constructed works - including diversion dams, storage dams, main canals, headgates, pipelines, flumes, reservoirs, and laterals, the date the construction of works was completed, a description of rights-of-way, and other information the state engineer deems necessary. The point(s) of diversion shall be described using latitude and longitude or the New Mexico state plane coordinate system. If the proof of completion form filed by the permittee lacks any of this information, it may be returned for completion.

(2) Filing fee: A fee of $25 must accompany a proof of completion of works.

(3) Unsafe or defective construction: Upon submission of a proof of completion of works, the state engineer will order the inspection of the works after notice to the permittee. At any time before or after issuance of a certificate of construction, the state engineer may order the inspection of the works after notice to the permittee. If the state engineer determines after inspection that the works for the storage, diversion, or carriage of water are unsafe or do not comply with the permit conditions of approval, the state engineer may require the permittee to make necessary changes within a reasonable time.

(4) Certificate of construction: Upon completion of the works to the satisfaction of the state engineer, the state engineer will issue a certificate of construction, which shall describe the constructed works, the location of the point(s) of diversion, the capacities of the works for the storage, diversion, or carriage of water, and certify the adequacy of the works for the permitted uses.

B. Proof of application of water to beneficial use: Upon applying water to beneficial use as provided by the permit, on or before the due date set by the permit, the permittee shall file with the state engineer proof of application of water to beneficial use. The beneficial use of water must be in accordance with the permit conditions of approval. Once a proof of application of water to beneficial use has been filed, the water right shall be limited to the amount of water that has been put to beneficial use, and no further development of the water right may occur.

(1) Form - content: The permittee shall submit proof of application of water to beneficial use on a form prescribed by the state engineer. The form shall include the following information: the name and address of permittee, the pertinent state engineer file number(s), the source of water supply, the name of the stream system, the location of the point(s) of diversion, the location of the place of use, the purpose of use to which the water is being beneficially applied, the annual diversion of water, the method of conveyance, the annual diversion schedule, and other information the state engineer may deem necessary. The point(s) of diversion shall be described using latitude and longitude or the New Mexico state plane coordinate system. If the form filed by the permittee lacks any of this information, it may be returned for completion.

(2) Filing fee: A fee of $25 must accompany a proof of application of water to beneficial use.

(3) Survey plat: A survey shall be conducted in accordance with the requirements of 19.26.2.26 NMAC of the diversion works and place of use of the water by a surveyor or professional engineer registered in the state of New Mexico. The permittee shall submit a plat of the survey with the proof of beneficial use.

C. Application for extension of time: When a permittee is unable to construct the necessary works or apply water to beneficial use within the time authorized, the permittee may file with the state engineer an application for extension of time. The application shall state all reasons for the request for additional time, describe the works which have been completed, the extent of application of water to beneficial use under the permit at the time of the request, and a plan setting forth the dates when the project will be completed or when the total amount of water to be appropriated under the permit will be applied to beneficial use. The application may be accompanied by affidavits, photographs of works completed, or other information supporting the request. The state engineer may grant an extension of time upon a proper showing of due diligence or reasonable cause for delay, or upon the state engineer finding that it is in the public interest to allow additional time. Financial inability of the permittee to proceed with a project is not a sufficient reason for granting an extension of time. Failure of the permittee to provide a proper showing of due diligence or reasonable cause for delay as described in Section 72-5-28 NMSA, shall result in denial of the extension of time. Denied requests for extension of time may be appealed as provided in Subsection I of 19.26.2.12 NMAC. The water right established shall be limited by that amount of water lawfully applied to beneficial use pursuant to the terms of the permit. Failure to file proof of beneficial use within the time allotted by the state engineer shall result in cancellation of the permit.

(1) Term: An extension of time may be granted for a period not to exceed three (3) years. Except as provided in Subsections F and G of 19.26.2.19 NMAC, no extensions of time shall be granted which in combination extend the time allowed by the permit beyond ten (10) years from the initial date of approval of the application, unless the state engineer in his discretion expressly waives this limitation pursuant to Section 72-5-14 NMSA. For applications for extension of time for filing proof of completion of works, the state engineer may upon the request of the applicant allow additional time for the completion of works equal to the time during which work was prevented by acts of God, operation of law, or other causes beyond the control of the applicant. For applications for new appropriations pursuant to Subsection G of 19.26.2.19 NMAC, and for application for water rights transferred pursuant to Subsection F of 19.26.2.19 NMAC, no extensions of time shall be granted which in combination extend the time allowed by the permit beyond forty (40) years from the date the application was filed at the office of the state engineer.

(2) Form - content: The permittee shall submit an application for extension of time on a form prescribed by the state engineer. The form shall include the following information: the name and address of the permittee, the pertinent state engineer file number(s), the reason(s) for requesting additional time under which to complete constructed works or apply water to beneficial use, a plan setting forth the dates when the project will be completed or when the total amount of water to be appropriated under the permit will be applied to beneficial use, a description of the works which have been completed and the extent of application of water to beneficial use under the permit at the time of the request, and other information the state engineer may deem necessary. If an application lacks any of this information, it may be returned for completion. The application may be accompanied by affidavits, photographs of works completed, or other information supporting the request.

(3) Filing fee: A fee of $50 must accompany an application for extension of time.

D. License to appropriate: After notice to the permittee, the state engineer or his designee may perform a field inspection of the permittee's application of water to beneficial use. Upon application of water to beneficial use in accordance with the permit conditions of approval the state engineer will issue a license to appropriate water, which shall define the extent and conditions of use under which the water right has been established. A license to appropriate shall recognize a water right only to the extent water has been applied to beneficial use under the conditions of the permit, and shall not recognize any diversion of water that exceeds the permit conditions of approval. A license may be revoked for failure to comply with the terms of the license.

E. Cancellation of permit: The state engineer may cancel a permit upon failure of a permittee to comply with the permit conditions of approval or any applicable provisions of 19.26.2 NMAC or Chapter 72 NMSA. The state engineer may also cancel a permit upon request from the permittee. Upon final cancellation of a permit, the water subject to the permit reverts to the public.

N.M. Admin. Code § 19.26.2.13

19.26.2.13 NMAC - N, 1/31/2005