State v. Aragon

Full title: STATE OF NEW MEXICO, ex rel. State Engineer Plaintiff, v. ROMAN ARAGON, et…

Court: United States District Court, D. New Mexico

Date published: May 4, 2009

6:69cv07941-BB, Section 4, Rio El Rito (D.N.M. May. 4, 2009)

Opinion

6:69cv07941-BB, Section 4, Rio El Rito.

May 4, 2009

RIO CHAMA STREAM SYSTEM SUPPLEMENTAL ORDER TO PARTIAL FINAL DECREE IN EL RITO SECTION, RIO CHAMA STREAM SYSTEM

BRUCE BLACK, District Judge

THIS MATTER is before the Court following the February 11, 2009, Amended Order Granting Joint Motion for Supplemental Order on Irrigation Water Requirements in Section 4 of the Rio Chama Stream System (Rio El Rito) (Doc. 9410).

The Court finds:

1. The June 25, 1973, Partial Final Decree ("1973 PFD") for the El Rito Section of the Rio Chama Stream System approved and confirmed all orders entered in individual and community ditch association subfiles of the El Rito Section, as against the State of New Mexico, and inter se between and among any and all defendants diverting water within the El Rito Section.

2. Under the terms of the 1973 PFD, this Court retains jurisdiction of this cause until further order for the purpose of enforcing the provisions of that decree, and entering such supplementary orders as may be necessary for the enforcement, modification and correction of the decree and the orders heretofore entered.

3. At the time of the entry of the 1973 PFD, all individual subfile orders in the El Rito Section, and the Consent Judgment entered with respect to the El Rito Ditch Association, included a farm delivery requirement (FDR) of 2.8 acre-feet per acre per annum delivered at the farm headgate.

4. Individual subfile orders in the El Rito Section and the 1973 PFD did not make a determination of consumptive irrigation requirements (CIR) or project diversion requirements (PDR) in this section, or include information on acequia customs with respect to the allocation and distribution of water.

5. In 1996, the State of New Mexico and the El Rito Ditch Association filed motions to correct or modify the determination of irrigation water requirements in the El Rito Section. In 1998, the State and the El Rito Ditch Association reached an agreement on these issues and stipulated to CIR and revised FDR values in this section and to other matters related to the diversion and distribution of water ("1998 Stipulation and Settlement Agreement") (Doc. 5827).

6. The 1998 Stipulation and Settlement Agreement between the State and El Rito Ditch Association was approved and adopted by this Court by Order entered January 7, 1999 (Doc. 5838).

7. Pursuant to the Order entered January 7, 1999, the 1998 Stipulation and Settlement Agreement is binding on the State of New Mexico, all community and private ditches and all individual water rights claimants in the El Rito Section.

8. The 1998 Stipulation and Settlement Agreement provides for a CIR of 1.68 acre-feet per acre per annum and a FDR of 3.73 acre-feet per acre per annum for all surface water irrigation use.

9. All individual subfile orders entered to date in the El Rito Section should be expressly amended to include the irrigation water requirements described in the 1998 Stipulation and Settlement Agreement.

10. The Agreement on Water Rights and Consent Judgment with respect to the El Rito Ditch Association filed on May 30, 1973 (Doc. 2373) should be expressly amended to include the irrigation water requirements described in the 1998 Stipulation and Settlement Agreement.

11. The 1998 Stipulation and Settlement Agreement states that:

a. PDR (project diversion requirement), calculated by dividing the FDR by the off-farm conveyance efficiency, shall not be used as the measure of the right of an acequia to divert water from a stream in the El Rito Section;

b. to the extent that local or community customs have been incorporated into the bylaws of a community ditch and have for their object the economical use of water and are not detrimental to the public welfare, such rules shall govern the distribution of water from such ditches to the persons entitled to water therefrom; and

c. written agreements between ditches dividing the waters of a common source shall govern the distribution of water between those ditches so long as the agreement remains in effect.

12. The members of the El Rito Ditch Association have adopted bylaws that incorporate a longstanding local or community custom for the distribution of water to members of the association on the basis of time ("tiempos"). The by-laws of the El Rito Ditch Association should be included as an Appendix to the 1973 PDF in the El Rito Section, and a copy of this Supplemental Order with Appendices 1 and 2 should be mailed to all defendants in the El Rito Section solely to inform the defendants that, pursuant to the 1998 Stipulation and Settlement Agreement, these bylaws govern the distribution of water by the Association to its members and between the ditches served by the Association.

13. The bylaws of the El Rito Ditch Association may be revised at any time by the members of the Association, and the inclusion of the bylaws as an Appendix to the 1973 PFD shall not be construed as the adoption or approval by the Court of those bylaws in these proceedings. Any challenge to the validity of these bylaws, or action to enforce them, shall be the subject of a separate proceeding in a court with original jurisdiction over such an action.

IT IS ORDERED, THEREFORE, that the amount of water for surface water irrigation use (irrigation water requirements) in all subfile orders heretofore entered in the El Rito Section adjudicating irrigation water rights is amended as follows:

(1) the consumptive irrigation water requirement (CIR) equals 1.68 acre-feet per acre per annum;

(2) the amount of water to be delivered to the farm headgate (farm delivery requirement or FDR) equals 3.73 acre-feet per acre per annum.

The individual subfiles in the El Rito Section affected by the above provision of this Order are listed in Appendix 1 attached hereto.

IT IS FURTHER ORDERED, that the amount of water to be delivered to the farm headgate of the tracts of land described in the Agreement on Water Rights and Consent Judgment entered on May 30, 1973 (Doc. 2373) is amended as follows:

(1) the consumptive irrigation water requirement (CIR) equals 1.68 acre-feet per acre per annum;

(2) the amount of water to be delivered to the farm headgate (Farm delivery requirement or FDR) equals 3.73 acre-feet per acre per annum.

IT IS FURTHER ORDERED, that a copy of the current by-laws of the El Rito Ditch Association is attached hereto as Appendix 2 and these bylaws are hereby made an Appendix to the 1973 PFD in the El Rito Section. These bylaws may be changed at any time by the members of the Association, and the inclusion of these bylaws as an Appendix hereto shall not be construed as an approval or adoption of the bylaws by the Court in these proceedings. Any challenge to the validity of these bylaws, or action to enforce them, shall be the subject of a separate proceeding in a court with original jurisdiction over such an action.

IT IS FURTHER ORDERED that the State and the El Rito Ditch Association shall serve this Order, including Appendix 1 and Appendix 2, by first-class mail to each of the defendants in the El Rito Section, publish a Notice of Filing of Supplemental Order in the Rio Grande Sun once each week for four (4) consecutive weeks, and file an appropriate notice of mailing and affidavit of publication.

APPENDIX 1

"Adjudicated Owner" refers to the person or entity named on the subfile order originally filed with the court. This person or entity may or may not be the current owner of the lands or water rights that are the subject of the order. Acequia Alires Subfile Adjudicated Number Owner(s) Acequia Camino Subfile Adjudicated Number Owner(s) Acequia De La Plaza Subfile Adjudicated Number Owner(s) Acequia de Romero v Herrera Subfile Adjudicated Number Owner(s) Acequia Duranes Subfile Adjudicated Number Owner(s) Acequia Jaral Subfile Adjudicated Number Owner(s) Acequia Jose V. Martinez Subfile Adjudicated Number Owner(s) Acequia Madre Subfile Adjudicated Number Owner(s) Acequia Martinez Subfile Adjudicated Number Owner(s) Acequia Medio Subfile Adjudicated Number Owner(s) Acequia Monte Subfile Adjudicated Number Owner(s) 16.1 OPAL NULL 16.2 FRED BURLESON 16.3 PETE ALIRE 16.4 FRED BURLESON 16.5 DENNIS GARCIA 16.6 PRUDENCIO CHACON 16.6-A CELESTINO JARAMILLO 16.7 FRANCES T. BROWN ROBERT D. TAICHERT 16.7-A CELESTINO JARAMILLO FRANCES T. BROWN ROBERT D. TAICHERT 15A.1 BERNADITA ARCHULETA 15A.10 JUAN A. OCANA 15A.11 LIZANDRO OCANA 15A.12 JOSE OCANA 15A.13 MRS. JOSE R. GONZALES 15A.14 DENNIS GARCIA 15A.15 MICHAEL VALDEZ 15A.16 MIGUEL MARTINEZ 15A.16-A DENNIS GARCIA 15A.17 PEDRO HERRERA 15A.18 NARCISSO MARTINEZ 15A.19 FRANK GONZALES 15A.1-A R.W. RIESACHER 15A.1-B OLIVER VIGIL 15A.2 MAX VAROS 15A.20 MERCEDES ARCHULETA 15A.21 ANNA MARIA CHACON 15A.22 PETER A. WELLS SUSAN L. WELLS 15A.23 JOSE C. ARCHULETA 15A.24 DENNIS GARCIA 15A.25 JULIAN GALLEGOS 15A.26 DENNIS GARCIA 15A.27 JAMES B. DEKORNE 15A.28 JUAN C. ARCHULETA 15A.29 DANIEL B. TRUJILLO 15A.3 CELESTINO ARCHULETA 15A.30 ARCH YOUNG SLATE NELDEA MARIE SLATE 15A.31 ARNOLD L. GALLEGOS 15A.32 LUIS TRUJILLO 15A.33 JOSE B. TRUJILLO JR. 15A.34 ARNOLD L. GALLEGOS 15A.35 JOSE R.P. MARTINEZ 15A.36 MARGARITO ARCHULETA 15A.37 ARNOLD L. GALLEGOS 15A.38 MIKE A. GALLEGOS JR. 15A.39 MIGUEL A MARTINEZ MRS. MIGUEL A MARTINEZ 15A.4 MANUEL BALDONADO 15A.40 ABEL TRUJILLO 15A.41 JOSE BALDONADO 15A.42 FELIBERTO GRIEGO 15A.43 RUTH NICHOLSON 15A.44 JOSE B. TRUJILLO JR. 15A.45 DENNIS GARCIA 15A.46 FABIAN GARCIA 15A.47 AMADO GONZALES 15A.48 JOSE L. VASQUEZ 15A.49 JOSE A. VASQUEZ 15A.5 HORACIO BALDONADO 15A.6 RUBEL BALDONADO 15A.7 DENNIS GARCIA 15A.8 JUAN A. OCANA 15A.9 JUAN A. OCANA 15A.9-A JOSE E. OCANA JR. 12A.1 VICENTE OCANA 12A.1-A DELFIN MOYA 12A.2 FERNANDO RIVERA 12A.3 JOSE C. ARCHULETA 12A.4 DENNIS GARCIA 12A.5 CELESTINO JARAMILLO 12A.6 PAT MARTIN 12A.7 NELSON GONZALES 12A.8 NELSON GONZALES 12A.9 JOSE ROMOLO MARTINEZ 2.1 MAXIMINIO VIGIL 2.10 TOMAS MARTIN 2.11 FRANK H. VIGIL 2.2 DENNIS GARCIA 2.3 FRANK H. VIGIL 2.4 MAXIMINIO VIGIL 2.5 DENNIS GARCIA 2.6 FRANK A. HERRERA SR. 2.7 MIGUEL HERRERA 2.8 MAXIMINIO VIGIL 2.9 MIGUEL HERRERA 16B.1 CECARIO TRUJILLO 16B.2 D.K. KELLY GEORGIA KELLY KAYE KELLY BOGUSLAWSKI 16B.3 OLIVER VIGIL 16B.4 R.W. RIESACHER 16B.5 JEANNE ZOLTAI JOHN ZOLTAI 16B.6 OLIVER VIGIL 16B.7 JOSE A. TRUJILLO 8.1 JOSE ROMOLO MARTINEZ 8.10 FIDEL LUCERO 8.11 DOROTEO LUCERO 8.12 ANISETO ALIRE 8.13 NARCISO ALIRE 8.14 JOSE G. ALIRE 8.15 JOSE M. TRUJILLO 8.16 AGUSTIN LOPEZ 8.17 ABEDON TRUJILLO 8.18 12.104 FRED VALDEZ 8.19 12.105 MAURICIO CHAVEZ 8.1-A MATILDA CHACON 8.2 MIGUEL MARTINEZ 8.20 12.106 EUTIMIO LOPEZ 8.21 12.107 WARD PEARCE JR. 8.22 12.108 AMARANTE VAROS 8.23 12.109 TONY J. MARTINEZ 8.23-A 12.109-A TONY J. MARTINEZ 8.24 12.110 MRS. ALFREDO MARTINEZ 8.25 12.111 ABEDON TRUJILLO 8.26 12.112 LEOPOLDO T. ROMERO 8.27 12.113 JOSE ANTONIO VIGIL 8.28 12.114 EDUARDO VAROS TED VAROS 8.29 12.115 JOSE G. MANZANARES 8.3 MIGUEL MARTINEZ 8.30 12.116 CORA LOPEZ 8.31 12.117 EDUARDO VIGIL 8.32 12.118 ARCELIA BACA 8.33 12.119 PERFECTO MARTINEZ 8.34 12.120 JUAN LOPEZ 8.35 12.121 MACLOVIO LOPEZ 8.36 12.122 FRANK A. HERRERA JR. 8.37 12.123 VICTOR TRUJILLO 8.38 12.124 ELFEGO E. VIGIL 8.39 12.125 TORIBIO MANZANARES 8.3-A JAMES MELVIN MARI D. MELVIN 8.4 ARTURO LUCERO MRS. ARTURO LUCERO 8.40 12.126 VICTOR TRUJILLO 8.41 12.127 LUIS LOPEZ 8.42 12.128 AUDORO CAMPOS 8.43 12.129 JOSE ANTONIO VIGIL JR. 8.44 12.130 ELFEGO E. VIGIL 8.45 12.131 ELFEGO E. VIGIL 8.46 12.132 JOSE ANTONIO VIGIL JR. 8.47 12.133 FRANK VIGIL JR. 8.48 12.134 JOSE ANTONIO VIGIL JR. 8.49 12.135 MAURICIO CHAVEZ 8.5 NELSON GONZALES 8.50 12.136 ROMAN LOPEZ ESTATE 8.51 12.137 BENJAMIN MARTINEZ 8.52 12.138 BENJAMIN MARTINEZ 8.53 12.139 TORIBIO MANZANARES 8.54 12.140 MRS. MARGARITA MARTINEZ 8.55 12.141 PEDRO I. VIGIL 8.56 12.142 DELFIN LOPEZ 8.57 12.143 ROSARIO LOPEZ 8.58 12.144 CORINE PADILLA ROMAN H. PADILLA 8.59 12.145 PEDRO MAESTAS 8.6 ANTONIO H. ORTEGA 8.60 12.146 MAXIMINIO VIGIL 8.61 12.147 NAVOR LUCERO 8.62 12.148 PEDRO MAESTAS 8.63 12.149 PEDRO I. VIGIL 8.64 12.150 MRS. AGNES K. HAZELL SAMUEL C. HAZELL 8.65 12.151 PERFECTO MARTINEZ 8.66 12.152 DANIEL M. TRUJILLO 8.67 12.153 ERENEO ALIRE 8.67-A 12.153-A MARIA D. LOPEZ 8.7 ANTONIO H. ORTEGA 8.8 JULIAN ORTEGA 8.9 TORIBIO MANZANARES 1.1 GREGORY LACHAPELLE 1.2 JOSE V. MARTINEZ 12.1 ARNOLD L. GALLEGOS 12.10 BERNABE ARCHULETA 12.100 PEDRO MAESTAS 12.101 MACLOVIO LOPEZ 12.102 MAXIMINIO VIGIL 12.103 PEDRO MAESTAS 12.11 ARTHUR KENT 12.12 ERINITA BACA 12.13 DENNIS GARCIA JUAN CHAVEZ 12.14 AMADO GONZALES 12.15 IDA TRUJILLO 12.16 FERNANDO HERRERA 12.17 DENNIS GARCIA JUAN CHAVEZ 12.19 FAUSTINA ARCHULETA FLORENCIO ARCHULETA 12.2 MIKE A. GALLEGOS JR. 12.20 JOHN GODDARD 12.21 JUAN A. AVILA 12.22 DENNIS GARCIA JUAN CHAVEZ 12.23 PABLO RIVERA 12.23-A DANIEL I MARTINEZ 12.24 ARSENIO JARAMILLO 12.24-A DENNIS GARCIA 12.24-B JOSE GARDENIO JARAMILLO 12.25 JOSE TOMAS MARQUEZ 12.26 SANTIAGO JARAMILLO 12.27 GUZMAN JARAMILLO 12.28 FRED VALDEZ 12.29 ANTONIO JARAMILLO 12.3 MIGUEL A MARTINEZ MRS. MIGUEL A MARTINEZ 12.30 ST. JOHN CATHOLIC CHURCH 12.31 DANIEL M. TRUJILLO 12.32 OLIVER VIGIL 12.32-A DENNIS GARCIA 12.32-B DON M. VALDEZ 12.33 FELICITE J. WILSON 12.34 PAT MARTIN 12.36 DELFIN MOYA 12.36-A ALFONSO MARTINEZ 12.36-B JOHNNY M. BACA RAMON D. BACA 12.36-C DENNIS GARCIA 12.37 PERFECTO MARTINEZ 12.38 CELERINO A. ARCHULETA 12.39 MRS. JESUSITA MARTINEZ ESTATE 12.4 ABEL TRUJILLO 12.40 PEDRO ARCHULETA 12.41 RICARDO MANZANARES 12.42 AMARANTE VAROZ 12.43 PAT MARTIN 12.44 ERINITA BACA 12.44-A MANUEL ALFONSO BACA 12.45 MIKE A. GALLEGOS JR. 12.46 JOSE ROMOLO MARTINEZ 12.47 RICARDO MANZANARES 12.48 JOSE ROMOLO MARTINEZ 12.49 DAN SILIN 12.5 MIKE A. GALLEGOS JR. 12.50 MIGUEL HERRERA MOISES HERRERA 12.51 MATILDA CHACON 12.52 ERNESTINO R. SUAZO 12.53 MIGUEL MARTINEZ 12.54 MIGUEL HERRERA 12.55 MRS. SALOMON ARCHULETA SALOMON ARCHULETA 12.56 JOHN MUCHMORE 12.57 BELARMINO VAROZ 12.57-A JOSE ABEDON VAROZ 12.57-B ROMIE VAROZ 12.57-C MAX VAROZ 12.57-D AMARANTE VAROZ 12.58 MRS. SALOMON ARCHULETA SALOMON ARCHULETA 12.59 JIM DEKNIKKEER MRS. JIM DEKNIKKEER 12.6 RUTH NICHOLSON 12.60 FABIAN GARCIA 12.61 ESTELLA ARCHULETA MOISES ARCHULETA 12.62 MRS. JUANITA SISNEROS 12.63 MAURICIO CHAVES 12.64 DENNIS GARCIA 12.65 PERCY W. MCCOY 12.66 VICTOR CHAVEZ 12.67 MAURICIO CHAVEZ 12.68 ADELAIDO ORTEGA 12.69 MAURICIO CHAVEZ 12.7 DENNIS GARCIA 12.70 DOROTEO LUCERO 12.71 ANISETO ALIRE 12.72 TORIBIO MANZANARES 12.73 DOROTEO LUCERO 12.74 JOSE G. ALIRE 12.75 JOSE M. TRUJILLO 12.76 AGUSTIN LOPEZ 12.77 MAURICIO CHAVEZ 12.77-A PAUL OCANA 12.78 DELFIN LOPEZ 12.79 ANDRES D. LOPEZ 12.8 JOSE L. VASQUEZ 12.80 EUTIMIO LOPEZ 12.81 MAURICIO CHAVEZ 12.82 VICTOR TRUJILLO 12.83 MAURICIO CHAVEZ 12.84 LUCAS LOPEZ 12.85 DENNIS GARCIA LEONARDO SALAZAR 12.86 BERNARDINO LOPEZ 12.87 BERNARDINO LOPEZ 12.88 MACLOVIO LOPEZ 12.89 JOSE ERINEO LOPEZ 12.9 JOSE A. VASQUEZ 12.90 JULIAN LOPEZ 12.91 VERONICA CAMPOS 12.92 TORIBIO MANZANARES 12.93 VICTOR TRUJILLO 12.94 AUDORO CAMPOS 12.95 TORIBIO MANZANARES 12.96 ELFEGO E. VIGIL 12.96-A FRANK VIGIL JR. 12.96-B PEDRO I. VIGIL 12.97 MAURICIO CHAVEZ 12.97-A CHARLES A. GILMAN 12.98 DELFIN LOPEZ 12.99 BERNARDINO LOPEZ 5.1 TONY J. MARTINEZ 12B.1 RUTH NICHOLSON 12B.10 FERNANDO HERRERA 12B.11 MRS. ROMI VAROS 12B.12 JOHN GODDARD 12B.13 FAUSTINA ARCHULETA FLORENCIO ARCHULETA 12B.14 JUAN A. AVILA 12B.15 DANIEL I MARTINEZ 12B.16 PABLO RIVERA 12B.17 ASCENSION VALDEZ 12B.18 JOSE TOMAS MARQUEZ 12B.19 OLIVER VIGIL 12B.2 DENNIS GARCIA 12B.20 PAULINE HORNKOHL ROBERT HORNKOHL 12B.21 INGEBORG LANG WILFRED LANG 12B.22 FRED VALDEZ 12B.23 JAKE M. VIGIL 12B.24 J.CRUZ JARAMILLO ESTATE 12B.25 FLORENCE VAN DRESSER PETER VAN DRESSER 12B.26 OLIVER VIGIL 12B.27 BURTON MONTAGUE 12B.28 DANIEL A. MARTINEZ 12B.29 NORTHERN NEW MEXICO STATE SCHOOL 12B.30 OLIVER VIGIL 12B.31 TEODORITA GARCIA ESTATE 12B.32 PERFECTO MARTINEZ 12B.33 DENNIS GARCIA 12B.35 ALFONSO MARTINEZ 12B.36 FABIAN GARCIA 12B.37 FRED VALDEZ 12B.38 FRED MARTINEZ 12B.39 PERFECTO MARTINEZ 12B.40 AMALIA CONTRERAS CASIMIRO CONTRERAS 12B.41 FRED VALDEZ 12B.42 AMARANTE VAROS 12B.43 MIGUEL HERRERA 12B.44 DAN SILIN 12B.45 BELARMINO VAROS 12B.46 PERCY W. MCCOY 12B.47 MAURICIO CHAVEZ 12B.6 AMADO GONZALES 12B.6-A GEORGE ARCHULETA 12B.7 JUAN LUCERO 12B.8 FABIAN GARCIA 12B.9 IDA TRUJILLO 15.1 FRANCES T. BROWN ROBERT D. TAICHERT 15.10 MAX VAROS 15.11 FABIAN GARCIA 15.12 FABIAN GARCIA 15.13 EDUARDO SALAZAR 15.14 ABEDON TRUJILLO DENNIS GARCIA 15.15 EDUARDO SALAZAR 15.16 PEDRO HERRERA 15.17 NARCISSO MARTINEZ 15.18 FRANK GONZALES 15.19 DENNIS GARCIA 15.1-A MACK THOMAS 15.2 OLIVER VIGIL 15.20 MARGARITO ARCHULETA 15.21 JUAN C. ARCHULETA 15.22 ARNOLD L. GALLEGOS 15.23 FABIAN GARCIA 15.23-A DENNIS GARCIA 15.24 JOHN GODDARD 15.25 OLIVER VIGIL 15.26 ASCENSION VALDEZ 15.27 OLIVER VIGIL 15.28 FRED VALDEZ 15.29 BURTON MONTAGUE 15.3 R.W. RIESACHER 15.30 BURTON MONTAGUE 15.4 JOSE PEDRO ARCHULETA 15.5 JUAN C. ARCHULETA 15.6 NICOLAS GONZALES 15.7 JOSE V. AVILA 15.8 FRED SCHILE 15.9 JOSE A. TRUJILLO Acequia Ortega Subfile Adjudicated Number Owner(s) Acequia Otra Vanda Subfile Adjudicated Number Owner(s) Acequia Trujillo Subfile Adjudicated Number Owner(s) Acequia Vigil Lucero Subfile Adjudicated Number Owner(s) Acequia Vigil Trujillo Subfile Adjudicated Number Owner(s) 7.1 ADONILIA ROMERO 7.2 DIEGO ORTEGA ISMAEL ORTEGA 14.1 JAMES HOPPER JR. 14.2 MAX VAROS 14.3 JOSE A. TRUJILLO 14.4 MAX VAROS 14.5 CELESTINO ARCHULETA 14.6 JAMES I. FRAZIER 14.7 JUAN A. OCANA 13.1 JUAN A. OCANA 13.10 MIKE A. GALLEGOS JR. 13.11 ARNOLD L. GALLEGOS 13.12 MIKE A. GALLEGOS JR. 13.13 ARTURO GALLEGOS 13.14 DENNIS GARCIA 13.15 DENNIS GARCIA JUAN CHAVEZ 13.16 DENNIS GARCIA JUAN CHAVEZ 13.2 JOSE OCANA 13.3 JUAN Y. SANCHEZ 13.4 MARGARITO ARCHULETA 13.5 ARCH YOUNG SLATE NELDEA MARIE SLATE 13.6 ARNOLD L. GALLEGOS 13.7 ABEL TRUJILLO JR. 13.7-A MRS. ABEDON VAROZ 13.8 MIGUEL A MARTINEZ MRS. MIGUEL A MARTINEZ 13.9 ABEL TRUJILLO JR. 4.1 PEDRO I. VIGIL 4.2 CORINE PADILLA ROMAN H. PADILLA 4.3 NAVOR LUCERO 4.4 VICENTE LUCERO 4.5 VICENTE LUCERO 4.6 PEDRO I. VIGIL 4.6A RAMON LOPEZ 4.7 WALDO F. LUCERO 6.1 VICTOR TRUJILLO 6.2 LEOPOLDO T. ROMERO 6.3 ELFEGO E. VIGIL 6.4 ELFEGO E. VIGIL 6.5 PEDRO I. VIGIL Dennis Garcia Ditch No. 1 Subfile Adjudicated Number Owner(s) Garcia Ditch No. 1 Subfile Adjudicated Number Owner(s) Garcia Ditch No. 2 Subfile Adjudicated Number Owner(s) Garcia Ditch No. 3 Subfile Adjudicated Number Owner(s) Garcia Ditch No. 4 Subfile Adjudicated Number Owner(s) Garcia Ditch No. 6 Subfile Adjudicated Number Owner(s) 3.1 DENNIS GARCIA 17.1 HORACIO A. GARCIA 17.2 FABIAN GARCIA 17.3 FABIAN GARCIA 18.1 HORACIO A. GARCIA 19.1 HORACIO A. GARCIA 20.1 HORACIO A. GARCIA 31.1 FABIAN GARCIA Jose Romolo Martinez Ditch Subfile Adjudicated Number Owner(s) Martin Martinez Ditch Subfile Adjudicated Number Owner(s) Martin Ditch No. 1 Subfile Adjudicated Number Owner(s) Martin Ditch No. 2 Subfile Adjudicated Number Owner(s) Martinez Herrera East Ditch Subfile Adjudicated Number Owner(s) 32.1 JOSE ROMOLO MARTINEZ 11.1 PAT MARTIN 11.2 PAT MARTIN 11.3 PAT MARTIN 9.1 PAT MARTIN 9.1-A 10.1-A PAT MARTIN 10.1 PAT MARTIN 9.1-A 10.1-A PAT MARTIN 25.1 JOSE ROMOLO MARTINEZ 25.2 PEDRO HERRERA 25.3 PEDRO HERRERA Martinez Herrera West Ditch Subfile Adjudicated Number Owner(s) Pedro Herrera Ditch Subfile Adjudicated Number Owner(s) Van Dresser East Ditch Subfile Adjudicated Number Owner(s) Van Dresser West Ditch Subfile Adjudicated Number Owner(s) Viterbo Alire Ditch Subfile Adjudicated Number Owner(s) 26.1 JOSE ROMOLO MARTINEZ 26.2 JOSE ROMOLO MARTINEZ 24.1 PEDRO HERRERA 23.1 FLORENCE VAN DRESSER PETER VAN DRESSER 23.2 FLORENCE VAN DRESSER PETER VAN DRESSER 22.1 FLORENCE VAN DRESSER PETER VAN DRESSER 22.2 FLORENCE VAN DRESSER PETER VAN DRESSER 16A.1 PAT MARTIN 16A.2 DENNIS GARCIA 16A.3 PERFECTO MARTINEZ 16A.4 OPAL NULL 16A.5 PETE ALIRE

APPENDIX 2 El Rito Ditch Association Bylaws

Article 1. Purpose and Membership Section 1: Purpose Statement

The purpose of the El Rito Ditch Association is to 1) promote the agricultural uses of water on the lands served by the acequias, 2) promote the efficient and beneficial use of water, 3) sustain customs and traditions of providing water to parciantes in a manner that is fair and equitable, 4) protect and defend the rights and interests of the Acequias and the parciantes, and 5) maintain the infrastructure and easements of the acequias.

Section 2: Compliance with New Mexico Law

The management and operation of the El Rito Ditch Association, a political subdivision of the State of New Mexico, shall be in compliance with the laws of the State of New Mexico and the customs of the Acequia.

Section 3: Description

The eleven El Rito Acequias are all tied together not only by the river, but also by one another. They form a single, intricate system that commands wonder and admiration. An informal survey of the land would determine the best point for diversion from the river. The ditches are totally dependent upon gravity flow and therefore, meandered down the valley taking a winding course much like a natural stream. Designed by trial and error and dug by shovels, picks and hoes all of the acequias are scarcely models of engineering, but for the most part, they are simple and extremely efficient.

There are eleven (11) acequias that serve the El Rito Community Ditch system. The community is divided into two plazas: Plaza Arriba and Plaza Abajo.

Plaza Arriba ditches include: Acequia Alires, Acequia Viterbo Alires, Acequia Duranes, Acequia Monte, Acequia Camino, Acequia Medio, Acequia Madre, Acequia Estero and Acequia Otra Vanda (a.k.a Acequia Trujillo).

Plaza Abajo ditches include: Acequia de la Plaza, Acequia Madre Abajo, Acequia Medio Abajo, Acequia del Alto and Acequia Jaral.

Section 4: Membership — Parciantes

The members or parciantes of the El Rito Ditch Association are those persons who own irrigated farmland with Tiempos from any of the eleven Community acequias.

Article 2. Officers Section 1: Types of Officers

The officers of El Rito Ditch Association shall consist of three Commissioners and one Mayordomo, each of whom shall be a member of the Acequias, as defined in Article 1. The Commissioners shall consist of a Chairman, Secretary and a Treasurer.

Persons serving on the Commission will receive their water fees for free for the year in which they serve.

Section 2: Term of Office

The elected officers shall assume their office not later than the first Monday following the month they are elected The terms of office for the Mayordomo and Commissioners is two years. The Commissioners will meet on a quarterly basis. The Commissioners have the authority to call additional meetings whenever they deem necessary. Suggested meeting dates are: Annual and Election: December, quarterly meetings: January, April, July and October.

Section 3: Duty of Commission.

Section 4: Duties of Officers

a. The Commission is responsible for the management and operation of the ditch. The Commission has the authority to hire and pay help for emergency situations and/or to avoid damage. In case of extensive repairs or maintenance the Commission shall offer such work on contract basis to the lowest bidder. b. The Commission has the authority to accept and review any application for a change in point of diversion or place and purpose of use of a water right served by any of the acequias which comprise the El Rito Community Ditch Association and any application for any change in any water right so that it is move into and then served by any aceqiua that is a part of the El Rito Community Ditch Association. The procedures for review of application are set forth in Article 9 below.

Chairman: Responsibilities of the Chairman will be to direct the activities of the Acequia jointly with the other commissioners and call and preside at all Acequia meetings. In the event the Chairman is unable to preside at a meeting, he/she will appoint one of the other Commissioners to preside over the meeting.

Secretary: The Secretary is responsible for keeping complete and accurate records, minutes of meetings, reading the minutes of the previous meeting and assisting the other Commissioners in running the business affairs of the Acequia.

Treasurer: The Treasurer shall be responsible for management of the finances of the Acequia including the following:

Send notices to parciantes for billing of and collection of assessments and fines.

Maintain accurate records for each parciante including assessments due, hours worked and fines due in coordination with the Mayordomo.

Make payments for labor and materials as necessary.

In coordination with the Mayordomo, prepare an annual financial report to be presented to the membership.

Mayordomo: The Mayordomo shall work under the direct supervision of the Commissioners. His or her responsibilities shall be as follows:

Coordinate and supervise all work on the Acequia including the annual Spring cleaning, day-today maintenance, and emergency repairs.

Distribute water to parciantes in a manner that is equitable and is consistent with the customs of the Acequia.

Collect delinquencies from parciantes as reported to him by the Treasurer.

Supervise the Acequia to ensure that delinquent parciantes do not take water illegally. The Mayordomo has full authority to shut the individual headgate along the banks of the Acequia of those parciantes who are delinquent and to secure the headgates by any available means.

Section 6: Vacancy of Commissioners

In the event of a vacancy in the office of Commissioner, the remaining Commissioners shall appoint a Commissioner to hold office for the remainder of the term or until his successor is elected at a meeting of the membership. If there are two vacancies for Commissioner, the remaining Commissioner shall convene a special meeting of the membership to fill the vacancies for the remainder of the term of office.

Section 7: Committees

Article 3. Meetings of Membership Section 1: Annual Membership Meeting

The Commission shall have the authority to establish committees as needed. The membership of which shall be selected from the general membership of the association. Committees or subcommittees will work under the supervision of the Commissioners.

Section 2: Notice of Annual Membership Meetings

Notice shall be posted in a public place ten days in advance of the meeting. Notice of the meeting shall include the agenda or information about where to obtain a copy of the agenda.

Section 3: Purpose of Annual Membership Meetings

At each Annual Meeting, the Secretary shall present the minutes from the previous Annual Meeting. The Mayordomo shall report on the management and operations of the acequia and the Treasurer shall provide a financial report.

Section 4: Location of Annual Membership Meeting

The annual meeting shall be held at a public place in the county in which the Acequia is located.

Section 5: Quorum of Membership

A quorum for conducting any business shall be 5 % of the membership except as otherwise provided in this section. A quorum, once established for that particular meeting, shall remain in effect to transact all business set on the agenda even though members shall voluntarily leave the meeting.

In the event that a quorum is not established at a meeting duly called, those assembled shall recess for a period of not more than 10 days wherein the meeting shall resume at the time and place specified at the call of the recess and all business listed on the agenda shall be transacted whether or not the prescribed number of members are present.

Section 6: Special Membership Meetings

Special meetings of the Acequia may be called by the Commissioners or upon written petition to the Commission Chairman signed by 40% of the members. Notice for special meetings shall be the same as for annual meetings.

Article 4. Elections and Voting Section 1: Election of Officers

The Commissioners and Mayordomos shall be elected at the Annual Meeting by a vote of membership. The elections shall be conducted by the outgoing Commissioners.

Section 2: Voting Rights of Parciantes

Only those members who are not delinquent in the payment of their assessments nor who have defaulted on their work assignments will be in good standing and shall be allowed to vote. Voting may be done by written proxy. Each member shall have one vote.

3: Nomination of Officers

Section 4: Terms of Office

Article 5. Management and Operations

The management of water diverted from the acequias that comprise the El Rito Community Ditch Association is governed by a local custom known as the tiempo system. The tiempo system in use today in the community of El Rito has been in place for a considerable length of time. The tradition of water sharing has been modified through time to meet the social and economic dynamics of the community. The underlying traditions of sharing water, of rotating the water between the upper and lower acequias, and of requiring community labor to maintain the ditch continue to be the operating rules for the community ditch system. Below is a summary of the tiempo system as described in composite from the interviews conducted with men and women who are currently parciantes on El Rito community acequias. The tiempo system represents a community based structure for water sharing and distribution. The system does not anticipate that any ditch or user has priority over another. The system does not attempt to fix quantity to a particular place, but anticipates that the available water will be shared by all parciantes making efficient use of water during chronically short periods.

Section 1. The tiempo system serves many functions: it is a book-keeping system to ensure the collection of adequate acequia dues; a means of determining the amount of water that each parciante is entitled to during times of shortage; and a system of assessing the labor each parciante is required to provide to the association for maintenance of the ditch. Labor assessments are called limpias.

Section 2. When there is an abundance of water (tiempo de abundancia) water is not distributed on a rotation basis. Parciantes in good standing are allowed to use water as needed.

Section 3. When, in the judgment of the elected Commissioners, the amount of water in the stream decreases, the tiempo system is implemented according to local custom.

Section 4. When the elected Commission implements the tiempos system, parciantes receive water according to a system of rotation as follows:

Daytime tiempos run for six hours: from 6:a.m. to 12:00 p.m. or from 12:00 p.m. to 6:00 p.m.

Nighttime tiempos run for twelve hours, from 6:00 p.m. to 6:00 a.m.

Section 5. The time that parciantes receive their water is determined by their place on the ditch and the flow of the stream.

Section 6. Parciantes can own one or more tiempos:

a. Tiempos do not correspond to the number of acres owned;

b. Over the years, in some cases, parciantes have purchased and sold tiempos separately from the land for use within El Rito's Community Ditches;

Parciantes pay dues in accordance with the number of tiempos owned;

Parciantes cannot irrigate if they fail to pay dues or are otherwise not in good standing with the acequia as specified in the Association bylaws.

All parciantes in good standing are permitted one vote per member; the number of tiempos owned does not determine the number of votes.

Section 7. Tiempos shall not be broken into units less than one (1) tiempo.

Section 8. Historically, the number of days that the tiempos rotate between Plaza Arriba and Plaza Abajo ditches has changed. The Commission can elect to rotate the delivery schedule between the plazas according to their determination of available water.

Section 9. The Commissioners can alternate the rotation schedule, beginning either in the Plaza Arriba or Plaza Abajo.

Section 10. The rotation is not necessarily completed in one plaza before the water is rotated to the other plaza. When water is returned to the first plaza, watering continues from the point at which it ceased on the previous rotation.

Section 11. When the tiempo system is in place more than one parciante can irrigate at the same time, depending on how much water is available.

Section 12. When the water is insufficient for irrigation, in the judgment of the elected Commissioners, water is allocated for (a) small gardens (b) orchards (c) livestock use and (d) for other domestic use including recharge of community wells (e) Any member taking water during this time shall notify the Mayordomo and acquire his/her permission.

Section 13: The State of New Mexico, on the relation of the State Engineer has stipulated that to the extent that local or community customs have been incorporated into the bylaws of the El Rito Community Ditch Association and have for their object the economical use of water and are not detrimental to the public welfare, that such customs shall govern the distribution of water from the ditch to persons entitled to water from the ditch. A copy of this Stipulation is attached as Exhibit ___.

Article 6. Rights and Obligations of Parciantes

Section 1: Maintenance of Headgates

All members shall maintain their individual headgates in good condition and keep their ditch sections free of trash and other obstructions. If a member fails to comply the Commissioners will assess fees for additional work. Repairs and construction of headgates and other works should be completed before the start of the irrigation season. As soon as a parciante receives water at the headgate, he/she will be responsible for any damage caused by such water.

Section 2: Parciante Assessments

Labor assessments are called limpias. The fees for tiempos and limpias will be determined by the Commissioners at the annual meeting.

Section 3: Payment of Assessments

All members shall pay assessments as required by the Commission. All monies assessed by the El Rito Ditch Association must be paid by December 1^st, prior to the annual meeting. No water will be distributed to a delinquent member until fees are paid to the treasurer.

Section 4: Participation in Acequia Cleaning

All members shall contribute peones for the annual Spring cleaning or for emergency repairs as required by the Mayordomo. Commissioners will have power to delegate Mayordomo to hire additional help to clean the acequia as needed. The Chairman of the Commission shall be notified in advance of all hired work, except when such work is immediately urgent to prevent serious damage.

Section 5: Compliance with Bylaws

All members shall abide by Acequia Bylaws, Rules and Regulations and shall comply with decisions adopted by the Commission for the common good.

Section 6: Public Inspection of Acequia Records

Section 7: Copy of Bylaws

Section 8: Name and Address in Acequia Records

Each parciante shall keep current on the records of the Commission of the Acequia the name(s) of the owner(s) of the property, the owner's mailing address and the telephone number, and the exact amount of irrigated acreage tiempos claimed by the parciante.

Section 9: Conveyance of Property

It shall be the responsibility of both the seller and purchaser of any irrigation right hereunder to report in writing such conveyance to the Commission not later than 30 days after said conveyance. Delinquencies, if any, must be paid prior to a registration of a new owner and prior to use rights in the Acequia.

Article 7. Easements Section 1: Definition of Easement

Each parciante recognizes that the Acequia possesses a historical permanent easement for purposes of maintenance, operations, and improvements. No parciante may build within the easement or otherwise obstruct or limit access to this easement. The easement is as wide as is necessary for maintenance, use and improvements.

Section 2: Use of Easement

Each parciante agrees that it must be possible to walk the full length of the ditch along its banks. Therefore, if a fence or other obstruction crosses the ditch, there must be a gate or crossover.

Section 3: Access to Easement

El Rito Community Acequias have the right to use the historic and customary points of access to the ditch across members' property and other such points of access as may be necessary to afford convenient access to the ditch for maintenance, operations and improvements.

Section 4: Changes to Acequia

Any material changes to the Acequia, including any crossings, shall be approved in advance by the Commission.

Article 8. Enforcement Section 1: Delinquencies

The Mayordomo has the authority to suspend the right to use the acequia and the water therein of a parciante who is delinquent in the payment of his or her assessment or fails to perform required work. This shall remain in effect until the assessments and fines are paid. The Mayordomo has the authority to collect delinquent assessments through appropriate legal action. Officers of the Acequia may file a civil action for the collection of any assessment, fine or penalty, which, after due notice to the member, the member has failed to pay.

Section 2: Illegal Use of Water or Acequia Interference

Any person who interferes with the acequia in any manner, cuts the berm and uses such ditch for personal irrigation, takes water without permission of the Mayordomo or Commission shall be guilty of a misdemeanor and may be prosecuted in accordance with the laws of New Mexico.

Section 3: Violation of Easement Rights

Any person who interferes with the acequia easement or access to the easement shall be guilty of a misdemeanor and may be prosecuted in accordance with the laws of New Mexico.

Section 4. Acequia Pollution

Emptying sewage, disposing of trash, dead animals or carcasses, or any substance such as but not limited to oil and gasoline that pollutes the water of the acequia is prohibited. Anyone guilty of such an infraction will be reported to the New Mexico Environment Department and law enforcement officials and fined by the Commissioners. All legal fees incurred in regard to such infractions will be charged to the offender. To recover fines and legal expenses a legal complaint will be filed with the proper judicial authorities to recover the cost of all damages and fines.

Article 9. Water Transfers General

Approval Procedure

The members of El Rito Acequia Association declare that a transfer of a water right served by the Acequia, or a transfer of a water right into the area served by the Acequia, may be detrimental to both the Acequia and its members. Therefore, any such proposed transfer by any person or entity must be formally approved by the Commissioners, using the procedure in this Article, prior to application for the transfer to the Office of the State Engineer. As used in this Article, "transfer" means a change in point of diversion, and/or place of use and/or purpose of use of a water right, including temporary transfers and water use leases.

Without formal consent of the Commissioners to such a transfer, any attempt to obtain approval of the transfer from the State Engineer, or any other effort to implement the transfer, is unlawful and void.

This Article is adopted under Section 73-2-21(E) NMSA 1978.

A request for approval of a transfer of a water right served by the Acequia or a transfer of a water right into the area served by the Acequia must be made by the owner of the water right in writing, delivered by certified mail to each Commissioner. It must be on a written form prepared by the Commissioners requiring any information about the proposed transfer.

Within 90 days of receipt of the written request, the Commissioners will hold a public meeting to allow members who support and oppose the request to be heard or submit additional information. Notice of the meeting will be given in the same manner required for the Acequia's annual meeting.

In addition, notice will be given 1) by mail to the applicant at the address on the request form, and 2) by posting a notice of the request and meeting date, at least 10 days before the meeting, at a prominent public place near the site of the proposed change.

The conduct of the meeting, such as its location, length, and other matters will be decided by the Commissioners. The Commissioners will accept and consider any documents, written or oral statements, or arguments offered by the applicant or any Acequia member, as well as any information from individuals who may be presented by the applicant or any Acequia member. The applicant or any Acequia member may have an attorney or other representative present his or her information to the Commission in his or her place. The applicant or any Acequia member, or their representative, may respond to evidence or arguments offered at the meeting, directing such response to the Commission. The rules of civil procedure and the rules of evidence shall not apply to the meeting.

The Commissioners may ask any questions they believe may help in their decision. The Commission is not required, prior to recessing the meeting, to make any decisions or answer any questions on issues raised, before the final decision is announced publicly. The Commission may be represented by an attorney or other representative, and may be assisted in the conduct of the meeting by other such persons as it may designate. Except as provided in this section, only the applicant, other Acequia members and the Commissioners may speak at the meeting.

The request may be denied, in whole or in part, if the Commissioners find it would be detrimental to the Acequia or its members. The burden is on the applicant to prove that the proposed transfer will not have a detrimental impact. The Commission will base its decision on the presentations, documents and arguments made at the meeting; provided that the Commission may take notice of facts and circumstances generally known with respect to the Acequia and its operation. Approval requires a majority vote of the Commissioners.

Following the presentation of the evidence or arguments at the meeting, the Commissioners will recess for a period of no longer than 30 days. Within 30 days of the recessed meeting, the Commissioners will reconvene at the date, time, and location announced prior to recessing. At the reconvened meeting, the Commissioners will approve or deny the request, in whole or in part, and render their decision in writing explaining the reasons for their decision. This will constitute a decision of the Acequia in compliance with the 120-day deadline set forth in Section 72-5-24.1(D) NMSA 1978.

Appeal to Court

If the applicant or a member of the Acequia is aggrieved by the Commission's decision, he or she may appeal to the District Court under the provisions of Section 73-2-21(E) NMSA 1978.

The appeal must be filed within 30 days of the Commissioners' written decision.

Article 10. Water Banking

El Rito Community Ditch Association hereby forms a Water Bank under its powers as a political subdivision of the State of New Mexico, and under Section 73-2-55.1 NMSA 1978 (2003).

Nothing in the formation of the Water Bank or its operation will affect the traditional and recognized lawful authority of the Acequia's Commissioners and Mayordomos. Issues of daily water use, periodic allocation, water issues between parciantes, and all other matters normally managed by the Acequia's officers will continue without change. Use of the Water Bank will not affect existing vested water rights, priority dates or any existing lawful use of water by parciantes. No action of the Water Bank will be considered an adjudication of any person's water rights.

Section 1: Purpose

The purpose of the Water Bank is to promote conservation and beneficial use of Acequia water through a locally managed system of temporarily reallocating water for beneficial use within the area served by the Acequia. The Water Bank will also allow water right owners who are temporarily not using some or all of their water rights to benefit by protecting those rights from loss for non-use.

Section 2: Protection from Loss for Non-Use

As provided in Section 73-2-55.1 NMSA (2003), water rights deposited in the Water Bank are not subject to loss for non-use during the time they are placed in the bank.

Section 3: Water Bank Procedures

Section 4: Ditch Dues and Fees

a) Water Bank Record Keeping

The Commissioners may delegate to the Mayordomo or any officer of the Acequia the responsibility to maintain records on all Water Bank deposits, contact logs, and other information required to achieve the purposes of the Water Bank. These records shall be maintained permanently in the records of the Acequia.

Depositing Water Rights

Any person or entity owning a water right on the Acequia may submit a water right deposit to the Water Bank. A deposit is made by completing a deposit form prepared by the Acequia, and giving the form to the Water Bank's designated record keeper. The record keeper may require proof of ownership and extent of the water right being deposited. The record keeper will use the Map and Tract Number of the most recent Hydrographic Survey or, in the absence of that, the Acequia's traditional identification system to correctly identify the right being deposited. The deposit shall become effective upon signing of the deposit form by a Commissioner or by the Mayordomo.

A deposit will be for one year, renewable annually. At the end of the deposit period, the Acequia shall notify each depositor by written notice or otherwise that the depositor must contact the Acequia if the depositor desires to withdraw his or her water right from the Water Bank, and that if the depositor does not contact the Acequia to withdraw the water right from the Water Bank, the deposit will be deemed to be renewed for another year. Non-response by the depositor to the notice will be deemed to be consent to renewal of the deposit for another year, if the depositor does not otherwise communicate his or her intentions to the Acequia.

c) Water Right Reallocation

Temporary reallocation of water rights from the bank shall be done by the Mayordomo, provided that the Mayordomo will apply traditional, accepted methods of managing the reallocation and provided further that the reallocation must be done without change of purpose of use or point of diversion of the water rights, to augment shortfalls of available water for the existing places of use served by the Acequia. Such reallocations do not require Commission approval.

The water rights may also be reallocated in any other lawful manner which, in the judgment of the Commissioners, will benefit the Acequia, subject to all applicable procedures, rules and laws.

Reallocation of water rights on deposit in any particular year must occur in that year and may not accumulate or carry over to be reallocated in future years.

See Appendix B: Water Banking for forms

Article 11. Amendments to Bylaws Section 1: Amendments to Bylaws

These bylaws may be enacted, amended, or modified by a 3/4 majority vote of the members present and voting at any duly called meeting.

Section 2: Applicability of State Law

Where not otherwise covered by these bylaws, the requirements of state law shall be applicable. These bylaws are supplemental to any applicable provisions of state law.

Section 3: Severability Clause

If any part or application of these bylaws is held invalid, the remainder or its application to other situations or persons shall not be affected.

THE FORGOING BYLAWS WERE ADOPTED BY THE PARCIANTES OF THE El RITO ACEQUIA ASSOCIATION AT A MEETING DULY CALLED AND HELD ON1/15/09

__________________________ Chairman __________________________ Secretary __________________________ Treasurer

APPENDIX A: WATER TRANSFERS

This Appendix contains three items:

Outline of Water Transfer Application Process

Water Transfer Bylaw

Water Transfer Application Form

Water Transfer Application Process

Processing an application for a water right transfer should take place as follows:

Applicant submits a Water Right Transfer Application to each of the Commissioners of the Acequia by certified mail. See attached application form.

The Commission calls a special meeting within 90 days of receiving the application and provides notice in accordance with Article 9 (Water Transfers).

The agenda of the meeting should include the following items:

Call to Order

Presentation of Arguments in Favor of the Transfer

Presentation of Arguments Opposed to the Transfer

Vote by the Commission to Approve or Deny the Transfer (Note that this should be on the agenda even if the Commission intends to recess the meeting and vote on the transfer at the reconvened meeting.)

Before taking a vote on the Water Transfer Application, the Commissioners will recess for a period of no more than 30 days. At the reconvened meeting, the Commissioners will vote on the proposed water transfer and render a decision in writing explaining their decision. The written decision must be rendered within 120 days of the date of the submission of the Water Right Transfer Application by the applicant to the Commission.

The Commissioners of the Acequia will deliver their written decision to the applicant and to the State Engineer.

WATER RIGHT TRANSFER APPLICATION FORM

A copy of this form should be delivered by certified mail to each of the three commissioners of the acequia. Current point of diversion of water right: Signature of Applicant Date FOR ACEQUIA USE ONLY

Name of Applicant: ________________________________________ Address: ____________________________________________________________ ____________________________________________________________ Phone No.: ______________________________ ____________________ Current place of use of water right: (If a Hydrographic Survey if available, provide map name, map number, and tract number. Otherwise, provide a legal description of the tract of land. Attach map.) ____________________________________________________________ ____________________________________________________________ Number of acres: ________________________________________ Number of acre-feet per year: _________________________ Current purpose of use of water right: _________________________ Proposed new point of diversion of water right: _______________ Proposed new place of use of water right: ____________________ Proposed new purpose of use of water right: ____________________ ________________________________________ _______________ Received by _________________________ Date _______________

APPENDIX B: WATER BANKING

This Appendix contains the Water Banking Bylaw and the Water Banking Deposit Form. An acequia can approve an Acequia Water Bank as a regulation of the Commissioners or as a bylaw amendment by a vote of the membership.

WATER BANK DEPOSIT FORM

FOR ACEQUIA USE ONLY CONTACT LOG WATER BANKING CONTACT LOG CONTINUED . . .

Water Right Owner: __________________________________________________ Contact Person (If Different): ________________________________________ Mailing Address: __________________________________________________ ______________________________________________________________________ Phone Number: __________________________________________________ Acreage of water hereby deposited: ________________________________________ If a hydrographic survey is available, provide the map name, map number, and tract number: ______________________________________________________________________ Otherwise, please provide a description of the tract of land and a map if available: ______________________________________________________________________ Deposited for the year: ____________________ ______________________________ ____________________ Renewed __________ Not Renewed __________ For the Year __________ Contacted by: ______________________________ Date: __________ By: _____ Letter _____ Phone Renewed __________ Not Renewed __________ For the Year __________ Contacted by: ______________________________ Date: __________ By: _____ Letter _____ Phone Renewed __________ Not Renewed __________ For the Year __________ Contacted by: ______________________________ Date: __________ By: _____ Letter _____ Phone Renewed __________ Not Renewed __________ Signature of Depositor Date ______________________________________________ ____________________ Signature of Commissioner or Mayordomo Date For the Year __________ Contacted by: ______________________________ Date: __________ By: _____ Letter _____ Phone Renewed __________ Not Renewed __________ Page _____ For the Year __________ Contacted by: ______________________________ Date: __________ By: _____ Letter _____ Phone Renewed __________ Not Renewed __________ For the Year __________ Contacted by: ______________________________ Date: __________ By: _____ Letter _____ Phone Renewed __________ Not Renewed __________ For the Year __________ Contacted by: ______________________________ Date: __________ By: _____ Letter _____ Phone Renewed __________ Not Renewed __________ For the Year __________ Contacted by: ______________________________ Date: __________ By: _____ Letter _____ Phone