TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 25 ADMINISTRATION AND USE OF WATER - GENERAL
PROVISIONS
PART 14 STRATEGIC WATER RESERVE
19.25.14.1 ISSUING AGENCY: New Mexico
Interstate Stream Commission.
[19.25.14.1 NMAC - N,
12-15-2005]
19.25.14.2 SCOPE: These
regulations will assist the interstate stream commission in implementing the
strategic water reserve and in managing water and water rights held for the
strategic water reserve.
[19.25.14.2 NMAC - N,
12-15-2005]
19.25.14.3 STATUTORY
AUTHORITY: These regulations are
written pursuant to Section 72.14-3.3 NMSA 1978, authorizing the interstate
stream commission to establish a strategic water reserve and requiring the
promulgation of rules in conformity therewith.
[19.25.14.3 NMAC - N,
12-15-2005]
19.25.14.4 DURATION: Permanent.
[19.25.14.4 NMAC - N,
12-15-2005]
19.25.14.5 EFFECTIVE DATE: December
15, 2005, unless a later date is cited at the end of a section.
[19.25.14.5 NMAC - N,
12-15-2005]
19.25.14.6 OBJECTIVE: These
regulations will ensure that water and water rights acquired for the strategic
water reserve are used only for the purposes of the reserve, that adequate
public notice exists in each affected area for the acquisition or disposal of
water rights and that the procedures for the acquisition of water and water
rights for the strategic water reserve comply with the state engineer transfer
procedures.
[19.25.14.6 NMAC - N,
12-15-2005]
19.25.14.7 DEFINITIONS: Unless defined
below or in a specific section of these regulations, all other words used
herein shall be given their customary and accepted meanings. “Water rights” means valid existing
surface or groundwater rights that have sufficient seniority and a consistent,
historic beneficial use to effectively contribute to the purpose of the
strategic water reserve.
[19.25.14.7 NMAC - N,
12-15-2005]
19.25.14.8 LIBERAL CONSTRUCTION: These
regulations shall be liberally construed to carry out their intended purpose.
[19.25.14.8 NMAC - N,
12-15-2005]
19.25.14.9 IMPLEMENTATION OF STRATEGIC WATER
RESERVE - RIVER REACH OR BASIN PRIORITIES:
A. During the first quarter of each year, the interstate
stream commission, after consultation with the state engineer, and the attorney
general, shall adopt river reach or ground water basin priorities for the
strategic water reserve and for the acquisition of water or water rights and
storage rights for the reserve. In
establishing such priorities, the interstate stream commission shall consider:
(1) the
urgency of need for water or water rights to be held in the strategic water
reserve in a river reach or basin;
(2) the unavailability of water rights for
sale or lease in the river reach or basin and/or whether storage exists for
such water;
(3) the cost, location and seniority of the
water or water rights in the river reach or basin;
(4) whether and to what extent water rights to
be purchased or leased will assist the state in complying with its interstate
stream compacts or court decrees or will assist the state in managing its
waters for the benefit of threatened or endangered species;
(5) whether water or water rights are
available by donation; and
(6) written comments, if any, from interested
public and private entities.
B. The interstate stream commission shall publish its
designated river reach or ground water basin priorities in newspapers of
general circulation throughout the state.
In addition, the interstate stream commission shall publish its
designated river reach or ground water basin priorities on its website.
[19.25.14.9
NMAC - N, 12-15-2005]
19.25.14.10 IMPLEMENTATION OF STRATEGIC WATER
RESERVE - PRIORITIZATION WITHIN RIVER REACH OR BASINS: Consistent
with Section 72-14-3.3 NMSA 1978, for each priority river reach or ground water
basin, the interstate stream commission shall establish additional
prioritization in coordination with the governing bodies of each Indian nation,
tribe, pueblo, board of county commissioners, municipality, special district
established pursuant to Chapter 73 NMSA 1978, soil and water conservation
district, water authority and water planning region within each affected river
reach or ground water basin. Upon making
the initial prioritization of river reach or groundwater basin, the commission
shall notify the governing bodies of each such entity. Within thirty (30) days after adoption of
such initial river reach or ground water basin priorities by the commission as
provided in the preceding paragraph, or at the next regularly scheduled meeting
of the commission that occurs at least fifteen (15) days after adoption of such
priorities as provided in the preceding paragraph, the governing bodies of each
such entity and any other interested public and private entities, shall submit
comments and suggestions as to this additional prioritization of the
acquisition of water or water rights within each priority river reach or
groundwater basin. The interstate stream
commission will publish notice of, and hear public comments regarding, its
prioritization decisions.
[19.25.14.10
NMAC - N, 12-15-2005]
19.25.14.11 ACQUISITION OF WATER OR WATER RIGHTS: Consistent
with its prioritizations, the interstate stream commission shall acquire water
or water rights from willing sellers or lessors. The commission shall acquire water or water
rights at a price no higher than appraised market value, based upon the best
available information and considering the seniority and the consistent historic
beneficial use of the water or water rights.
The interstate stream commission may acquire water or water rights by
donation at any time. Acquisitions shall
be contingent upon a successful transfer of the water rights to the interstate
stream commission pursuant to the procedures for transfer of water rights
established by the state engineer. The
interstate stream commission shall not purchase or lease water or water rights
that will result in an increase in net depletions in the affected river reach
or that will create cumulative adverse impacts on existing water users or
delivery systems or the ability of the state of New Mexico to properly manage
its waters or meet interstate obligations.
The commission shall not acquire water or water rights that are served
by or owned by an acequia or community ditch established pursuant to Articles 2
and 3 of Chapter 73 NMSA 1978 for inclusion in the strategic water
reserve. The interstate stream
commission shall not acquire water or water rights that are served by an
irrigation district established pursuant to Article 10 of Chapter 73 NMSA 1978
except through a contractual arrangement with the district board of directors
or the interstate stream commission may establish a special water users
association pursuant to 73-10-48 NMSA 1978.
The interstate stream commission acquires water or water rights from a
member of an irrigation or conservancy district established pursuant to Chapter
73 NMSA 1978, the interstate stream commission shall utilize funds from the
strategic water reserve to pay the annual assessment to the district that would
accrue to the district absent the transaction.
[19.25.14.11
NMAC - N, 12-15-2005]
19.25.14.12 APPLICATION FOR PERMIT WITH THE STATE
ENGINEER: All acquisitions of water or water rights by
the commission for the strategic water reserve are subject to approval by the
state engineer and shall comply with all state engineer rules and regulations
governing surface and ground water transfer applications.
[19.25.14.12
NMAC - N, 12-15-2005]
19.25.14.13 MANAGEMENT OF WATER:
A. The interstate
stream commission shall manage water and water rights within the strategic
water reserve in order to assist the state in complying with its interstate
compacts and court decrees or to assist the state and water users in water
management efforts for the benefit of threatened or endangered species or in a
program intended to avoid additional listings of species.
B. If water or water rights are purchased, leased or
acquired through donation to assist the state and water users in water
management efforts for the benefit of threatened or endangered species or in
connection with a program intended to avoid additional listings of species, the
interstate stream commission shall manage such water or water rights in conjunction
with collaborative programs or processes where they exist.
C. The commission shall expedite the transfer and management
of water rights donated to the strategic water reserve.
D. Water or water rights acquired for the strategic water
reserve shall remain in their river reach or groundwater basin of origin.
[19.25.14.13
NMAC - N, 12-15-2005]
19.25.14.14 ADMINISTRATIVE COSTS: The interstate
stream commission shall determine annually its administrative costs associated
with the strategic water reserve and consistent with Section 72-14-3.3 NMSA
1978 such costs shall be paid for from funds received for the strategic water
reserve.
[19.25.14.14
NMAC - N, 12-15-2005]
19.25.14.15 DISPOSAL OF WATER RIGHTS: The interstate
stream commission may sell or lease water or water rights from the strategic
water reserve only upon a finding by the commission that such water or water
rights are no longer necessary for the reserve and only at a price no less than
appraised market value. The interstate
stream commission may lease water or water rights from the strategic water
reserve to the United States but shall not sell water rights from the strategic
water reserve to the United States. The
interstate stream commission shall utilize proceeds from the leasing of water
rights from the strategic water reserve for carrying out the purposes of the
strategic water reserve. Any sale of
water or water rights from the strategic water reserve shall first be offered
for the original purpose of use.
Proceeds from such sales shall be used by the office of the state
engineer to adjudicate water rights.
[19.25.14.15
NMAC - N, 12-15-2005]
19.25.14.16 ANNUAL LEGISLATIVE REPORT: On or
before December 15th of each year, the interstate stream commission shall
report to the appropriate committee of the legislature on the status of the
strategic water reserve.
[19.25.14.16
NMAC - N, 12-15-2005]
HISTORY
OF 19.25.14 NMAC: [RESERVED]