N.M. Admin. Code § 19.25.20.117

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

Section 19.25.20.117 - CHANGES TO POINT OF DIVERSION, PURPOSE OR PLACE OF USE OF PUEBLO WATER RIGHTS OR NEW EXERCISES OFF THAT PUEBLO'S LANDS

A. By application to the state engineer, a Pueblo may change the point of diversion, purpose or place of use of its first priority water rights, including a lease of such rights to non-Pueblos, to a point of diversion, place or purpose of use off that Pueblo's lands within the NPT basin.

(1) Applications to the state engineer for use of Pueblo first priority water rights off that Pueblo's lands shall be governed by applicable statutory provisions and administrative rules.

(2) The water master shall determine if any Pueblo or non-Pueblo groundwater rights will be impaired by the granting of an application, and consider any remedies proposed by the Pueblos to reduce impacts on groundwater rights below the threshold for impairment.

(3) An application shall be denied if the proposed change will impair Pueblo or non-Pueblo water rights and remedies are not available to reduce groundwater effects below the level of impairment.

(4) The exercise of a Pueblo's first priority water rights on the lands of another Pueblo is not contrary to the conservation of water within the state or detrimental to the public welfare of the state. The exercise of a Pueblo's first priority water rights on non-Pueblo lands, in and of itself, is not contrary to the conservation of water in the state or detrimental to the public welfare of the state.

(5) An approval of a proposed change to a point of diversion, purpose or place of use off a Pueblo's land shall be conditioned to require offsets to avoid interference with Pueblo surface water rights or non-Pueblo surface water rights entitled to section 4 protection.

(6)Notice of the approval or denial of an application, and any required offsets, shall be mailed to the Pueblo tribal council or governor by certified mail, and posted on the state engineer's website.

(7) Non-Pueblo water rights eligible for section 4 protection shall not be curtailed to provide water for the new or changed exercise of future basin use rights under Pueblo alternative administration.

B. Applications to the state engineer for use of a Pueblo's state law water rights off that Pueblo's lands shall be governed by applicable statutes and administrative rules.

N.M. Admin. Code § 19.25.20.117

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