This rule was filed as State Engineer Rule 66-1, Article 7-25 and Special Order 149-A.

TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 27 UNDERGROUND WATER

PART 45 UPPER PECOS BASIN

19.27.45.1 ISSUING AGENCY: Office of State Engineer.

[Recompiled 12/31/01]

19.27.45.2 SCOPE: [RESERVED]

[Recompiled 12/31/01]

19.27.45.3 STATUTORY AUTHORITY: Adopted pursuant to the authority of Sections 72-2-8, 72-2-12 and 72-13-4, New Mexico Statutes Annotated, 1978.

[Recompiled 12/31/01]

19.27.45.4 DURATION: [Permanent]

[Recompiled 12/31/01]

19.27.45.5 EFFECTIVE DATE: November 1, 1966

[Recompiled 12/31/01]

19.27.45.6 OBJECTIVE: This Rule is formulated for the purpose of carrying out the provisions of the statutes governing underground waters and describing the present extent of all declared underground water basins in New Mexico.

[Recompiled 12/31/01]

19.27.45.7 DEFINITIONS: [RESERVED]

[Recompiled 12/31/01]

19.27.45.8 UPPER PECOS BASIN:

A. The lands declared within the Upper Pecos Basin on February 24, 1972, are as follows: Beginning at the southeast corner of Section 12, Township 7 North, Range 21 East (a point on the western boundary of the declared Fort Sumner Underground Water Basin boundary); thence west along section lines to the southwest corner of Section 7, Township 7 North, Range 16 East, a point on the Guadalupe county-Torrance county line; thence north along range line and the Guadalupe county line to the southwest corner of Section 31, Township 11 North, Range 16 East; thence west along township line to the southwest corner of Section 31, Township 11 North, Range 15 East; thence north along range line to the northwest corner of Section 6, Township 11 North, Range 15 East; thence west along township line to the southwest corner of Section 31, Township 12 North, Range 14 East; thence north along range line to the northwest corner of Section 6, Township 12 North, Range 14 East; thence west along township line to the southwest corner of Section 34, Township 13 North, Range 13 East; thence north along section lines to the northwest corner of Section 3, Township 13 North, Range 13 East; thence west along township line to its intersection with the drainage boundary between the Pecos River and the Rio Grande on the south line of Section 33, Township 14 North, Range 12 East (a point on the eastern boundary of the Rio Grande Underground Water Basin); thence northerly along said drainage boundary and said eastern boundary of the Rio Grande Underground Water Basin, passing through Glorieta Baldy, Penitente Peak, Santa Fe Baldy, and Pecos Baldy Peak to Truchas Peak (near Latitude 35 degrees 57' 45" North, Longitude 105 degrees 38’ 40" West, X=112,000, Y=1,808,200 N. M. Grid System East Zone), a point on the Mora county-Rio Arriba county line; thence northeasterly along said county line passing through North Truchas Peak and Chimayosos Peak, to its intersection with the drainage boundary between the Pecos River and the Canadian River (near Latitude 35 degrees 59' 03" North, Longitude 105 degrees 33' 25" West, X=137,950, Y=1,815,600 N. M. Grid System East Zone); thence southeasterly along said drainage boundary passing through Cebolla Station (U. S. Coast and Geodetic Survey Triangulation Point), Spring Mountain, Lone Pine Mesa, Hermit Peak and Pyro Station (U. S. Coast and Geodetic Survey Triangulation Point), to its intersection with Longitude 105 degrees 10' West; thence south along Longitude 105 degrees 10' West to its intersection with Latitude 35 degrees 40' North; thence east along Latitude 35 degrees 40' North to its intersection with Longitude 105 degrees 00' West; thence south along Longitude 105 degrees 00' West to its intersection with the north boundary of the Antonio Ortiz Grant; thence east along said grant boundary to its intersection with Longitude 104 degrees 53' West; thence south along Longitude 104 degrees 53' West to its intersection with Latitude 35 degrees 20' North; thence east along Latitude 35 degrees 20' North to its intersection with Longitude 104 degrees 50’ West; thence south along Longitude 104 degrees 50’ West to its intersection with the Guadalupe county-San Miguel county line; thence east along said county line to its intersection with Longitude 104 degrees 35' West; thence south along Longitude 104 degrees 35’ West to its intersection with the south boundary of the Preston Beck Grant, a point on the north line of Section 2, Township 9 North, Range 22 East; thence west along said grant line to the northeast corner of Section 4, Township 9 North, Range 22 East; thence south along section lines to the southeast corner of Section 33, Township 8 North, Range 22 East, a point on the northern boundary of the Fort Sumner Underground Water Basin; thence west along township line to the southeast corner of Section 36, Township 8 North, Range 21 East; thence south along range line to the southeast corner of Section 12, Township 7 North, Range 21 East, the point of beginning

B. The corrected boundaries of the extension of the Upper Pecos Underground Water Basin as originally intended by Special Order 149 are as follows: Beginning at the northeast corner of Section 13, Township (T) 7 North (N) , Range (R) 21 East (E) , New Mexico Principal Meridian (N.M.P.M.); thence south along range line to the southeast corner of Section 12, T 6 N, R 21 E, N.M.P.M.; thence west along section lines to the northeast corner of Section 14, T 6 N, R 15 E, N.M.P.M.; thence south along section line to the southeast corner of said Section 14; thence west along section line to the southwest corner of said Section 14; thence south along section line to the southeast corner of Section 22, T 6 N, R 15 E, N.M.P.M.; thence west along section line to the southwest corner of said Section 22; thence south along section line to the southeast corner of Section 28, T 6 N, R 15 E, N.M.P.M.; thence west along section line to the southwest corner of said Section 28; thence south along section line to the southeast corner of Section 32, T 6 N, R 15 E, N.M.P.M.; thence west along township line to the southwest corner of said Section 32; thence south along section line to the southeast corner of Section 6, T 5 N, R 15 E, N.M. P.M.; thence west along section line to the southwest corner of said Section 6; thence south along range line to the southeast corner of Section 12, T 5 N, R 14 E, N.M.P.M.; thence west along section lines to the southwest corner of Section 11, T 5 N, R 13 E, N.M.P.M.; thence north along section lines to the southwest corner of Section 35, T 6 N, R 13 E, N.M.P.M.; thence west along township line to the southwest corner of Section 34, T 6 N, R 12 E, N.M.P.M.; thence north along section lines to the northwest corner of Section 22, T 7 N, R 12 E, N.M.P.M.; thence west along section line to the southwest corner of Section 16, T 7 N, R 12 E, N.M.P.M.; thence north along section lines to the northwest corner of Section 4, T 7 N, R 12 E, N.M.P.M.; thence west along township line to the southwest corner of Section 31, T 8 N, R 12 E, N.M.P.M.; thence north along range line to the northwest corner of Section 18, T 8 N, R 12 E, N.M.P.M.; thence east along section line to the northeast corner of said Section 18; thence north along section lines to the northwest corner of Section 5- -T 8 N, R 12 E. N.M.P.M.; thence east along township line to the southwest corner of Section 32, T 9 N, R 12 E, N.M.P.M.; thence north along section lines to the northwest corner of Section 20, T 9 N, R 12 E, N.M.P.M.; thence east along section line to the northeast corner of said Section 20; thence north along section lines to the northwest corner of Section 21, T 10 N, R 12 E, N.M.P.M.; thence east along section lines to the northwest corner of Section 24, T 10 N, R 12 E, N.M.P.M.; thence north along section lines to the northwest corner of Section 12, T 10 N, R 12 E, N.M.P.M.; thence west along section lines to the southwest corner of Section 3, T 10 N, R 12 E, N.M.P.M.; thence north along section lines to the northwest corner of Section 15, T 11 N, R 12 E, N.M.P.M.; thence west along section lines to the southwest corner of Section 7, T 11 N, R 12 E, N.M.P.M., a point on the San Miguel-Santa Fe county line; thence north along range line and said county line to the northwest corner of Section 6, T 11 N, R 12 E, N.M.P.M.; thence west along township line to the southwest corner of Section 34, T 12 N, R 11 E, N.M.P.M.; thence north along section lines to the northwest corner of Section 27, T 12 N, R 11 E, N.M.P.M.; thence west along section line to the intersection of the northerly line of Section 28, T 12 N, R 11 E, N.M.P.M., and the drainage boundary between the Rio Grande and Pecos River stream system; thence northeast along said drainage boundary to a point where said drainage boundary intersects the north line of Section 3, T 13 N, R 12 E, N.M.P.M., a point on the south boundary of the existing Upper Pecos Underground Water Basin; thence south and east along said boundary of the existing Upper Pecos Underground Water Basin to the point of beginning.

C. [TOWNSHIP AND RANGE MAP: See 7-25.1 Upper Pecos Basin, PDF file No. 19.027.0045.8-UpperPecos.]

[SE 66-1, Article 7-25; Recompiled 12/31/01]

HISTORY OF 19.27.45 NMAC:

Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives.

SE 66-1, Rules and Regulations Governing Drilling of Wells and Appropriation and Use of Ground Water in New Mexico 1966, originally filed with the Supreme Court Law Library 11/1/66. Filed with the State Records Center 6/27/91.

SE 66-1, Amendment No. 7, 12/19/73

Order No. 149 A, In the Matter of State Engineer Special Order 149 Declaring an Extension of the Upper Pecos Underground Water Basin in Guadalupe, San Miguel and Torrance Counties, 5/27/93.

History of Repealed Material: [RESERVED]