N.M. Admin. Code § 19.25.20.107 - DIVERSION, USE, AND ADMINISTRATION OF SURFACE WATER FOR NON-PUEBLO WATER RIGHTS
Diversion, use, and administration of surface water for non-Pueblo water rights shall be subject to the following provisions.
A.
Change in point of diversion from
surface water to groundwater for agricultural uses. The state engineer
may issue permits to change the point of diversion of a water right for
agricultural use from surface water to groundwater, provided:
(1) Water rights from within the NPT basin
are moved to the new point of diversion in accordance with state law and this
rule;
(2) The priority and amount
of the water rights that may be moved shall be determined under state law and
shall be reduced in amount to account for historic supply at the original
surface point of diversion.
B.
Section 4 protection upon
change in point of diversion, purpose or place of use of s
urface water. Section 4 protection and offset requirements for
interference shall only apply to the amount of water that is determined to be
the current use of water under a surface water right. The current use of water
under a surface water right is the calculated average yearly use of water under
the right for the five-year period immediately preceding any application to
change the point of diversion, purpose or place of use of that
right.
Notes
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