N.M. Admin. Code § 19.25.20.115

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

Section 19.25.20.115 - WATER MASTER DETERMINATION OF INTERFERENCE AND OFFSETS TO SURFACE WATER RIGHTS FROM EXERCISE OF PUEBLO WATER RIGHTS ON PUEBLO LANDS

A. A Pueblo seeking a new or changed use of water under Pueblo future basin use water rights on that Pueblo's lands shall advise the water master, in writing, of any such proposed action at least 60 days before implementing the proposed action. Within 30 days of receiving notice of such a proposed action (or report of anticipated uses of water) under 19.25.20.114 NMAC, the water master shall determine and advise the Pueblo and other affected Pueblos and owners of record whether the proposed action interferes with Pueblo surface water rights or non-Pueblo surface water rights and the amount of any offsets that may be required to avoid interference. In making these determinations, the water master shall use the hydrologic model developed by the state of New Mexico and the United States.

B. A Pueblo whose proposed action is determined to cause interference shall offset the interference in the amount determined by the water master. Prior to implementing the proposed action, the Pueblo causing the interference shall notify the water master how it will offset any interference. Within 10 days of receiving such notification, the water master shall notify that Pueblo and any affected owners of record and other affected Pueblos whether the proposed actions are sufficient to offset any interference. The Pueblo shall not implement the proposed action until the water master determines that the amount of the offset and the delivery method are sufficient to offset any interference.

C. The water master may work with the affected parties to resolve such matters either formally or informally and may discuss matters with one or more affected parties without the need to have all parties present.

D. If the hydrologic record after implementation of the proposed action does not support the water master's determination of interference and required offsets, an affected Pueblo or water right owner of record may request modification of the offset amounts. The Pueblo implementing the proposed action shall make the previously determined offsets until such time as the water master determines that a different amount is appropriate.

E. Provision of offset water by a Pueblo to avoid interference shall not constitute use of water under the Pueblo's first priority water rights. The Pueblos shall offset interference with Pueblo surface water rights and non-Pueblo surface water rights entitled to section 4 protection resulting from a Pueblo's provision of offset water.

N.M. Admin. Code § 19.25.20.115

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