N.M. Admin. Code § 19.25.20.122 - IDENTIFICATION AND REPORTING OF NON-PUEBLO IRRIGATED ACREAGE WHICH MAY NO LONGER BE ELIGIBLE FOR SECTION 4 PROTECTION

A. The water master shall each year compile a list of non-Pueblo lands with surface water irrigation rights that were not irrigated in the past calendar year and that may no longer be eligible for section 4 protection.

B. The list shall include the names and addresses of the current owners of record as they are shown in subfile orders and the records of the office of the state engineer, a description of the location and amount of the non-irrigated acreage, and the number of consecutive years that the acreage has not been irrigated.

C. This list shall be made available for review on the state engineer's website and at the district VI office of the water rights division of the office of the state engineer, and shall be provided to each Pueblo and the United States by July 1 of the following year.

D. After four consecutive years of non-use, the water master shall provide written notice to the owner of record that the water right may no longer be eligible for section 4 protection if the water right is not put to beneficial use within one year, subject to the exceptions described in Subsection C of 19.25.20.123 NMAC.

E. If the water right is not put to beneficial use for more than five consecutive years the irrigation water right is no longer eligible for section 4 protection, unless the owner of the water right demonstrates that (1) such non-use is due to circumstances beyond the control of the water right owner and (2) that the water could not be placed to beneficial use by the owner's diligent efforts.

Notes

N.M. Admin. Code § 19.25.20.122

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