N.M. Admin. Code § 19.26.10.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.26.10.9 - DECLARATION OF PECOS RIVER WATER DISTRICT OF PECOS RIVER STREAM SYSTEM: Order No. 55

A. WHEREAS, the United States district court for the district of New Mexico handed down a decree on May 9, 1933, entitled "The United States of America, plaintiff, vs. Hope community ditch, et al, defendants, No. 712 equity" defining the rights of the several parties to the use of water along the Pecos river in New Mexico and some of its tributaries, and

B. WHEREAS, on the 6th day of May, 1935, said court relinquished jurisdiction of said cause to the state engineer, and

C. WHEREAS, the district court for the fifth judicial district of the state of New Mexico handed down a decree on. June 7, 1931, in cause no. 5144, defining the rights from the Pecos river, exclusive of Black river, for the lands below lake Avalon and north of the Texas-New Mexico boundary, and

D. WHEREAS, certain water rights along Black river were defined by the district court for the fifth judicial district in cause no. 112, by decree issued January 3, 1912, and by certain court orders related thereto, and

E. WHEREAS, in order to properly distribute the waters of the Pecos river in San Miguel, Guadalupe, De Baca, Chaves and Eddy counties, New Mexico, the employment of a water master in and for said sub-district of the Pecos river stream system is necessary, and

F. WHEREAS, on July 1, 1952, the lower Pecos water district was declared by the state engineer, and

G. WHEREAS, it is now found to be necessary to administer a larger area of the Pecos river than has heretofore been administered under the declaration of July 1, 1952;

H. NOW, THEREFORE, I, S. E. Reynolds, duly appointed and qualified state engineer of the state of New Mexico, in accordance with Section 75-3-1, New Mexico Statutes Annotated, 1953, do hereby declare the Pecos river sub-district of the Pecos river system as hereinafter described to be a water district in the state of New Mexico for the purpose of administration and distribution of the waters thereof. The limits of the water district subject to the jurisdiction of the water master are as follows:

(1) the Pecos river from the mouth of Cow creek in section 24, township 14 north, range 13 east, to the New Mexico-Texas state line;

(2) the Rio Agua Chiquita stream system and the Santa Rosa swamps;

(3) Salt creek below the mouth of Cienega del Macho;

(4) the Rio Hondo and tributaries (including the northern canal system of the Hagerman irrigation company) downstream from the west line of range 24 east.

(5) Rio Felix, downstream from the Hagerman canal;

(6) Rio Penasco, downstream from the west line of township 18 south, range 26 east;

(7) Black river stream system.

I. WITNESS, my hand and official seal, this the 20^th day of January 1956, S. E. REYNOLDS, State Engineer.

N.M. Admin. Code § 19.26.10.9

Recompiled 8/30/02