N.M. Admin. Code § 19.25.20.109

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

Section 19.25.20.109 - CONVEYANCE OF OWNERSHIP OF GROUNDWATER RIGHTS FOR DOMESTIC USE TO THE COUNTY WATER UTILITY

A.General Provisions.

(1) Ownership of water rights for domestic use from a Section 72-12-1 well or a pre-basin well may be conveyed to the county water utility for the full or partial amount of the water right.

(2) The CWU may change the point of diversion, place and purpose of use of the water rights by application to the state engineer.

B.Section 72-12-1 wells. The amount of the water right to be conveyed to the county water utility per household from each Section 72-12-1 well shall be limited to one of the following options:

(1)Full amount for single householdwells. If a household elects to connect to the CWU and to no longer divert water from a Section 72-12-1 well, ownership of the full amount adjudicated shall be conveyed to the CWU. If no amount is specified in the final decree or determined pursuant to Subsection (B) of 19.25.20.108 NMAC, the amount shall be presumed to be the following:

(a) 0.7 afy for Section 72-12-1 wells permitted before January 13, 1983;

(b) 0.7 afy for Section 72-12-1 wells permitted after January 13, 1983 that entered into the post-1982 well agreement;

(c) 0.5 afy for Section 72-12-1 wells permitted after January 13, 1983 that did not enter into the post-1982 well agreement.

(2)Partial amount for single household wells. If a household elects to connect to the CWU for indoor uses and to continue to divert a portion of its water right from a Section 72-12-1 well for outdoor use only, the household shall convey ownership of 0.3 afy to the CWU, as follows:

(a) A household with a water right of 0.4 afy or greater shall convey ownership of 0.3 afy to the CWU.

(i) The household may continue to divert the amount of the household's remaining right from the Section 72-12-1 well for outdoor use only.

(ii) The well shall be metered, not interconnected with the CWU water system, and the outdoor use shall be limited to irrigation not to exceed the amount of the household's remaining right in the well for up to one acre of noncommercial trees, lawn or garden, and if allowed, livestock watering.

(b) A household with an adjudicated water right for a single household that does not define a specific amount of water shall convey ownership of 0.3 afy to the CWU.

(i) The household may continue to divert up to 0.2 afy from the Section 72-12-1 well for outdoor use only.

(ii) The amount that may be diverted may exceed 0.2 afy per household based upon a determination of greater historic beneficial use by the water master pursuant to Subsection (B) of 19.25.20.108 NMAC.

(iii) The well shall be metered, not interconnected with the CWU water system, and the outdoor use shall be limited to irrigation not to exceed the amount of the household's remaining right in the well for up to one acre of noncommercial trees, lawn or garden, and, if allowed, livestock watering.

(3)Full amount for multiple household wells. If a household with a water right from a multiple household Section 72-12-1 well elects to connect to the CWU and to no longer divert water from the well, ownership of the full amount per household adjudicated shall be conveyed to the CWU. If no specific amount is defined in the final decree or determined pursuant to Subsection (B) of 19.25.20.108 NMAC, the amount per household is presumed to be the following amounts (or as limited by the maximum amount for all households combined from the Section 72-12-1 well):

(a) 0.7 afy for Section 72-12-1 wells permitted before January 13, 1983;

(b) 0.7 afy for Section 72-12-1 wells permitted after January 13, 1983 that entered into the post-1982 well agreement;

(c) 0.5 afy for Section 72-12-1 wells permitted after January 13, 1983 that did not enter into the post-1982 well agreement.

(4)Partial amount for multiple household wells. If a household with a water right from a multiple household Section 72-12-1 well elects to connect to the CWU for indoor uses and to continue to divert a portion of its water right from the well for outdoor use only, the household shall convey ownership of 0.3 afy to the CWU, as follows:

(a) A household with water right of 0.4 afy or greater shall convey ownership of 0.3 afy to the CWU.

(i) The household may continue to divert the amount of the household's remaining right in the well for outdoor use only (limited by the maximum amount for all households combined from the Section 72-12-1 well).

(b) A household with an adjudicated water right from a multiple household Section 72-12-1 well that does not define a specific amount of water shall convey ownership of 0.3 afy to the CWU.

(i) The household may continue to divert the amount of the household's remaining right from the Section 72-12-1 well for outdoor use only (limited by the maximum amount for all households combined from the Section 72-12-1 well).

C.Pre-Basin Wells. Ownership ofdomestic use water rights from pre-basin wells may be conveyed to the CWU. The CWU may change the point of diversion, place and purpose of use of the water right by application to the state engineer. The amount of the water right to be conveyed to the county water utility from each pre-basin well shall be limited to one of the following options chosen by the owner of record:

(1)Full amount for single household wells. If a household elects to connect to the CWU and to no longer divert water from a pre-basin well, the household shall convey ownership of the full amount adjudicated to the CWU. For pre-basin wells that have not been adjudicated a specific amount of water in the final decree or determined pursuant to Subsection (B) of 19.25.20.108 NMAC, the amount is presumed to be 0.7 afy per well.

(2)Partial amount for single household wells. If a household elects to connect to the CWU and to continue to divert water from a pre-basin well for outdoor or other adjudicated uses only, the household shall convey ownership of 0.3 afy to the CWU as follows:

(a) A household with an adjudicated water right of 0.4 afy or greater shall convey ownership of 0.3 afy to the CWU.

(i) The household may continue to divert the amount of the household's remaining right in the well for outdoor or other adjudicated uses only.

(ii) The well shall be metered and not interconnected with the CWU water system.

(b) For pre-basin wells that have not been adjudicated a specific amount of water, the amount of water conveyed to the CWU shall be 0.3 afy.

(i) The household may continue to divert up to 0.4 afy from the pre-basin well for outdoor or other adjudicated uses only.

(ii) The amount of the retained water right may exceed 0.4 afy per based upon a determination of greater historic beneficial use by the water master pursuant to Subsection (B) of 19.25.20.108 NMAC, reduced by the total amount of the water right conveyed to the CWU from the well.

(iii) The well shall be metered and not interconnected with the CWU water system.

(3)Full amount for multiple household wells. If a household with a water right from a multiple household pre-basin well elects to connect to the CWU and to no longer divert water from the well, ownership of the full amount per household adjudicated in the final decree shall be conveyed to the CWU. If no specific amount is defined in the final decree or determined pursuant to Subsection (B) of 19.25.20.108 NMAC, the amount is presumed to be 0.5 afy per household (or as limited by the maximum amount for all households combined from the pre-basin well).

(4)Partial amount for multiple household wells. If a household with a water right from a multiple household pre-basin well elects to connect to the CWU for indoor uses and to continue to divert a portion of its water right from the well for outdoor or other adjudicated uses only, the household shall convey ownership of 0.3 afy to the CWU, as follows:

(a) A household with an adjudicated water right of 0.4 afy or greater shall convey ownership of 0.3 afy to the CWU.

(i) The household may continue to divert the amount of the household's remaining right in the well for outdoor or other adjudicated uses only (limited by the maximum amount for all households combined from the pre-basin well).

(ii) The well shall be metered and not interconnected with the CWU water system.

(b) A household with an adjudicated water right from a multiple household pre-basin well that does not define a specific amount of water shall convey ownership of 0.3 afy to the CWU.

(i) The household may continue to divert up to 0.4 afy from the pre-basin well for outdoor or other adjudicated uses only (limited by the maximum amount for all households combined from the pre-basin well).

(ii) The amount that may be diverted may exceed 0.4 afy per household based upon a determination of greater historic beneficial use by the water master pursuant to Subsection (B) of 19.25.20.108 NMAC, reduced by the total amount of the water right conveyed to the CWU from the well.

(iii) The well shall be metered and not interconnected with the CWU water system.

D.Subsequent conveyance of ownership of the remaining amount to CWU. A household that elected a partial conveyance of ownership may subsequently convey ownership of the remaining amount of the domestic use water right to the CWU. The CWU may change the point of diversion, place and purpose of use to the CWU by application to the state engineer.

N.M. Admin. Code § 19.25.20.109

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