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use.7 Because water rights are property rights in New Mexico, they are transferable by deed from one person to another.8 They can be forfeited if not put to beneficial use.9 Protection of instream flow in designated stretches of a watercourse is now common in most prior appropriation states, but has not been permitted in New Mexico. Id. The Utton Center thanks the McCune Foundation for its generous support over the years. The Water Code addresses surface water transfers in §§ 72-5-23 and -24 and related sections, and groundwater transfers are governed by §§ 72-12-7 and 72-12-3. basic overview of water rights in New Mexico and explains how MDWCAs can acquire and maintain water rights. Search for: Tagged: cibola county, mineral right, new mexico, water right. A private citizen in the state does not own water, but has the right to use water. no impairment,b. 181 0 obj <> endobj Thus, the last use of the water was the irrigation of the tract of land. Hall, G. Emlen. Real Estate Impact. With water rights, you could build a dock over a body of water, irrigate the water, or consume it. Moving to abandonment, a very long period of non-use may result in a determination of abandonment, but it is not defined in the statutes, and New Mexico case law did not discuss a time period until 2012. In that case, the application process can turn into litigation, with all its time and expense costs, experts, witnesses, and a full-blown hearing in front of a hearing officer for the OSE. (See discussion below)C. Can place of use be transferred? New Mexico historically used a decentralized system of prior appropriation for surface water and groundwater. den., 2006-NMCERT-004, 137 N.M. 454, 112 P.3d 1111. G. Mediation procedure and value to attorneys and clients. However, the presumption can be overcome, as demonstrated in the Rio Chama adjudication in federal court in 2004. Only those with water rights may legally use water, and those rights are considered private property. Interview old‐timers and current landowners and draft affidavits:(1) Describe the property specifically (e.g., tract number from irrigation district map, or tract in subfile)(2) Make sure they’re specific in describing the uses of the water (e.g., crops grown) and how the affiant knows these facts, E. Does the seller own the water rights free and clear?1. Senator Tom Udall (D-NM), in partnership with New Mexico State University, published Hard Choices: Adapting Policy and Management to Water Scarcity in 2012. Natural Resources Journal 35 (fall). Your mineral rights are sitting on one of the largest deposits of oil and gas in the world called the Permian shale formation. For example, a case concerning the determination of “valid” water rights to be transferred is a good candidate for mediation. LandInvestors.com › Forums › **Ask A Question** › Value of mineral and water rights, New Mexico, Cibola County. A. Hydrologic assessment1. p���?`�B?`�s����n����O��=�����foo�-F�&�Zt�I]Y �TQLMS�zt���c�|q=��[>-����6]��o&�"�*��:���p���8�֬�6+����#�͌W�bw�U�e�$OF3�1�I(�����\��u��rGmf*�"��X�>�|��L Since 1955 there have been a number of important developments in water law in the state and in the nation. create, and receipt does not constitute, an attorney-client relationship. www.benboothe.com, benboothe@gmail.com. Market Prices as Measures of Water Scarcity in New Mexico and the West • As a general statement, prices of water rights in New Mexico are somewhat higher when compared to other basins around the West. Turner II, at ¶ 28. Preparing the application—process and pitfalls. The opinions or viewpoints expressed herein do not necessarily reflect those of Lorman Education Services. “New Mexico Water Basics” offers information about New Mexico water and a discussion of the most pressing water issues – briefly and in familiar terms. § 13.14.5.9.) Factors in the CU include which crops are grown and the elevation, which dictates the length of the growing season. Documentation provided by seller, D. Sources of information to investigate historic use:1. Assess water features2. H. Legal standard for transfers—impairment. §72-7-1. "Water Rights and the Common Wealth." The Court of Appeals, rejecting one of the Bassetts’ arguments, noted: “In Sun Vineyards, Inc., however, the Supreme Court specifically held that when a person claiming severance conveys property without reserving the water rights, that conveyance results in the discontinuation of the severance process. The notice letter to the applicant specifies which newspaper or newspapers must be used, no longer leaving that choice to the applicant’s discretion. Existing affidavits?b. 1996. organizations, and they are solely responsible for the content of their own sites. The parties are encouraged to attend the pre-mediation meeting, which Kinney intends to be a substantive meeting on the issues. 0 Priority of appropriation shall give the better right.” Business C. Acequia/community ditch approval may be required, A requirement since 2003 requires an extra step before the application can be approved if the transfer would be into or out of an acequia or community ditch. In the case of non-irrigation rights, which are the exception in New Mexico, the title should be traced through a deed referencing the permit. Mediation often are scheduled after the first exhibits deadlines so all parties have a good idea of the documents and reports that will be used. Rick Giuly. Historic shortages? However, the water rights created pursuant to the MRGCD’s permit cannot be sold off piecemeal by an individual.) B. water or water rights are one institution with a considerable amount of potential resilience as a measure for coping with the threat of shortages. Only about 30% of the protested or aggrieved cases are referred to mediation, based primarily on whether the case presents issues that can be mediated. Private, commercial sources of photos5. If he tries to buy those rights from an acequia, he must make his case to the commissioners, who’ve been elected by the 190 0 obj <>/Filter/FlateDecode/ID[<2C0F1DC73EC71E4592224F71129CDF5C>]/Index[181 19]/Info 180 0 R/Length 62/Prev 801076/Root 182 0 R/Size 200/Type/XRef/W[1 2 1]>>stream & Development, Mitigation for Domestic Uses in Closed Basins: Water Banking and Other Mitigation Measures. They stopped irrigating one particular tract in 1981, two years after the second multi-use permit was issued, but they never placed all of the water to use for a new purpose or at a new place. Some non-protested transfer applications can go from publication to approval in a matter of five or six months. During dry years, senior rights holders would receive their full allotment of water… A. Transmission of this information is not intended to In that case, which applies in parts of the Middle Valley, the applicant must obtain approval from that organization or show that the organization doesn’t require approval before the State Engineer can approve the transfer. A copy of the decision, which is unreported, is attached as “Exhibit B.” Many sources of information are available for checking the historic use of water rights. New Mexico law has five basic tenets: All the water in the state belongs to the public. The CU, sometimes called the “consumptive irrigation requirement,” is determined by the amount of water that the crops can use. 2. Also during that 30-day period, the parties can ask for correction of errors in the decision. But if the current owner is recent, that may provide little comfort, and even less recourse. The court remanded the case to determine if the contract intended to convey the water rights. Land with Water Rights in New Mexico for Sale - 1,305 Listings | Land and Farm. Prior to June 1, 1965, four years of nonuse results in forfeiture by U.S. above.) Lorman offers professional resources regarding COVID-19 and the 2020 Election. The State Engineer declared the various underground basins at different times, so the “start date” for title examination in these cases will also vary. Water rights are appurtenant to irrigated land,5 but they are not appurtenant to land if they are used for other purposes, unless their use is integral to the use of the property.6 And, under the Supreme Court’s decision in Turner v. Bassett, 2005-NMSC-009, 111 P.3d 701 (2005), irrigation water rights that were appurtenant to land are presumed to be severed if a permit has been issued allowing the severance to occur, even if the water rights were not reserved in a deed and have not been put to full beneficial use elsewhere. Turner thought nothing about it until the late 1990s, when he learned that the Bassetts’ successor in interest was selling water rights, and included among them were water rights apparently appurtenant to the land he had bought. By: Ben Boothe and Associates, Appraisers, Environmental Reports and Feasibility Studies, Albuquerque N.M. and Ft.Worth, Texas. New Mexico has not recognized instream Kinney said many times, parties simply want a place at the table and want to be heard. & Development, Engineering One new development is that more and more physical files are being digitized and put into the online system—and removed from the publicly accessible files. professional in your field. & Management, Construction D. Can purpose of use be changed?1. In unprotested cases, the WRD will issue a report on the well’s effects, but in protested or aggrieved cases, the applicant must produce evidence that the well will not impair others. Check State Engineer files for any memos or letters re water rights and history of the permits. Only the “consumptive use” is transferable. Aerial photos showing irrigationa. !���\%%�z�2G�%���~9�U�N�3ѐ"�y'�̋��&��GB�4����.ֳ���6�f[>��R=v��>��ȳQ�)��\6���z�W��W��͏�$oZou��T�����EB��~y�8Gڼ�8�^�m�D2���8 ��E����J]��̗����O�H�u�ΣQ�z�K�x��7F���$h��G-#��H��g��S��F�7�{�g�. See Albuquerque-Bernalillo County Water Utility Authority v. New Mexico State Engineer, 2013 WL 5309895 (N.M. Ct. App. (e.g., Tesuque Creek has only 80% flow)C. Computer models of the area show water is available in the long term? The process generally begins with each party having a pre-mediation meeting with Kinney, which is confidential. Moreover, keep in mind that any request for corrections does not toll the 30-day period. 1991). Here is a check list for the due diligence process, adapted in part for the Middle Valley: 1. Although these materials may be prepared by Where formal water rights exist, improved understanding of the economic forces influencing the market price of those rights could add essential information to buyers, sellers and water stakeholders. That information could support decisions on water If any letters have been sent out, they would be in the State Engineer file. After the District Court rules, the case can be appealed through the appellate courts. The Supreme Court, however, found that Sun Vineyards did not apply, and it instead created a new “rebuttable presumption” of severance: We conclude that the severance statute, the applicable regulations, the general practice of the State Engineer, and the permit itself all support the view the Bassetts presumptively severed their water rights from the property upon receipt of a permit from the State Engineer. The New Mexico Court of Appeals found no severance and reversed the District Court, relying on Sun Vineyards, Inc. v. Luna County Wine Development Corp., 107 N.M. 524, 760 P.2d 1290 (1988). solely responsible for their content. It begins when the decision is received by the applicant. Turner v. Bassett, 2005-NMSC-009, 111 P.3d 701 (2005) (hereinafter “Turner II”). Anytime, and especially after 1965, did user intend to abandon water rights through non‐use? More generally, a period of 16 years of non-use is considered to be enough to imply a rebuttable presumption of an intent to abandon, and while the Elephant Butte case sheds some light on the abandonment theory, it does not set a minimum time period for the presumption to attach. Thus, title to most water rights must be traced through the title to the appurtenant land. No water rights have been adjudicated in the Middle Valley of the Rio Grande (“Middle Valley”), and a few non-permitted or even non-declared water rights exist. (The land can still be irrigated even if it does not have pre-1907 water rights because the permit held by the Middle Rio Grande Conservancy District covers most of the irrigable acreage in the Middle Valley. State Engineer records seldom have a complete record of ownership of water rights because sellers and buyers were not required to file change of ownership forms with the State Engineer until 1991.7 Title insurance is not available for water rights in New Mexico, so the due diligence inquiry usually requires obtaining a search and report from a title company. Any existing disputes with other users? The application also must be notarized. Pre-1907 Middle Rio Grande surface water rights were purchased at administratively set prices between 1982 and 1994. Water rights are a type of property right; specifically, it is the right of a land owner to use water from sources like streams, ponds, rivers, or groundwater. D. How do you do due diligence after the Turner v. Bassett decision where a transfer permit can create a rebuttable presumption that water rights have been severed from the land? Will application be protested? In the case of surface rights, the ideal is to trace the land title back to 1907, when New Mexico adopted its surface water code and new surface rights had to be obtained by permit. Deep pocketed investors are investing in future water supply by buying up farm land. The administrative appeal of a non-protested application sends the application to the Hearings Unit for review. at ¶¶ 1, 16. The first “virtual” stop may be the State Engineer’s automated system for identifying water rights called the New Mexico Water Rights Reporting System, formerly called “W.A.T.E.R.S.”1 However, the online file it is not always accurate or complete. More Filters. The material appearing in this web site is for informational purposes only and is not legal advice. C. Field inspections1. Serving the notice of appeal on the State Engineer for the District Court case is tricky, and it is important to serve the State Engineer himself. professionals, they should not be used as a substitute You could have future royalties coming to you or the ability to sell for a lump sum to an interested buyer based on the area you own minerals. What is the priority date, and how likely is the water right to be subject to a priority call?2. The program is very successful, which Kinney modestly attributes to good selection of cases to send to mediation. Checklist and Cautions for Transferring Title in Water Rights: 1) Due diligence is keya) Check seller’s recordsi) Do not rely on their “word”ii) Real estate broker may be helpful, but have no knowledge of water rightsiii) Do not rely exclusively on advice of State Engineer staff, 2) Title documents/search of the public record is necessary for title reviewa) Title company will not issue title insurance for water rights (but in a tricky land ownership situation, such as multiple trusts, title insurance to the appurtenant land will give you a starting place for ownership)b) Seller should provide title documents, including a certification from a title company that the public record has been searchedc) Look as far back as possibled) Review past and current surveys or plats, 3) Watch out for in title search:a) Reservation of water rightsb) Mortgage or other encumbrancec) Real estate contractd) Tax deede) Conveyance to MRGCDf) Probate – or lack of probateg) Quiet title suith) Divorce/separate property agreementi) Judgmentsj) Tax liensk) Easements, roads and similar encroachments. Will not impair other existing water rights2. A. State Engineer’s officeb. In New Mexico, some water rights have been adjudicated, and a new automated system for identifying water rights is called “W.A.T.E.R.S.” However, not all rights are even permitted. "The Evolution of Water Rights." Most prudent water rights owners, however, have filed “declarations” of their surface or groundwater rights with the State Engineer’s office, which is the first stop for learning about the water rights. In addition, the city finds that aggressive acquisition provides a greater level of flexibility for managing its water resources. v. Carlsbad Irr. The application must be signed by both the buyer and the seller as co-applicants, even though the buyer (in almost all cases) does not yet own the water rights. Moreover, in a transfer application, the Water Rights Division often challenges a declaration based on historical information. Cities are leasing water rights to secure water permits for large scale groundwater projects. The State Engineer investigation, therefore, is even more important. The hydrologist can predict how much extra impact will result, but whether it is “too much” and results in impairment is a legal conclusion. The appeal of a protested decision by the State Engineer, which already has gone through the hearings process, goes to the state District Court in the county in which the transfer would occur. Some Middle Rio Grande water rights files also have been digitized and are no longer available for physical inspection. In 2018, New Mexico … However, it is different from other types of affidavits because New Mexico … may or may not reflect the most current developments. You could have future royalties coming to you or the ability to sell for a lump sum to an interested buyer based on the area you own minerals. Will change affecta. If legal or other professional advice is required, the services of a professional Topic December 20, 2017 at 8:26 pm #14555. Lorman has over 34 years of professional training experience.Join us for a special video and level up your Water Law knowledge! Both surface and groundwater rights are property rights, and they may be conveyed by deed separately, or as part of a conveyance of property. persons and/or entities other than Lorman Education Services, and said other persons and/or entities are If the application is not protested, generally it is reviewed in the local OSE District office, unless it presents some unusual hydrologic issue that merits sending it to Santa Fe. Id. In other basins, and in permitted surface or groundwater rights, the State Engineer may determine that the permit was never used, so the permit that could have been used did not develop into vested water rights that could be transferred. In 1992, the San Juan Water Commission/ City of Bloomfield were granted a permit to divert 3000 afy from the San Juan River. After filing the application and the appropriate fee ($50 for surface to ground water) with the State Engineer’s office, the office prepares a “notice for publication” that the applicant must publish in a newspaper once a week for three weeks. 2. supp. But if the transfer fails, the buyer does not want to buy the “water rights” and the contingency contract does not require him to buy them. Nevertheless, there is considerable variation in prices from … The hydrologist can determine, typically using a mathematical model, what effect the transfer will have on the move-to location, which usually is a well, and particularly on the surrounding wells. . Water rights are either classified as use-based or land-based rights. Participant. When you have water rights you can use the water, but it does not mean that you own the water itself. One value of the mediation itself is that the parties can get a “real world” reaction to their cases and be more open to settlement/compromise. Fort Sumner Irr. RG-57125, RG-57125-S and RG-57125-S-2 (1994). Issue: Is the water right threatened by some outside agency or circumstance so that it might not be available for use in the future? NM • Well limitations nultiply water right value AUGUST 2, 2006| A string of news reports from New Mexico suggest that recent limitations on well drilling in the state have been raising the value of existing water rights - a development either good or bad depending on one's position. Clean up title, if needed, with releases or quitclaim deeds. The information provided herein is One viable alternative to the very hard path is mediation. Soil Conservation Service c. Earth Data Analysis Center, http://edac.unm.edu/d. Storm Ditch v. D’Antonio, 2011-NMCA-104, 263 P.3d 932. h�b```f``����@(�� @� �H��������L��v6�a� ����� c�R��;-#�f3D��je�t��`�g�n`m`�>�)��&p�������o��Ta�1�)G��W�L�%3�{��Ɠ`�� �B��B@!CC�`�GG���f�(3�::`��~��dܲH�1/8DM�aʥ���Xǰ�W(���>��N��gL/����^� iF ��"���!|F~� �dx0 See also, Walker v. United States, 2007-NMSC-038) (a water right is not an automatic stick in the bundle of rights a landowner receives upon purchasing even a fee interest in land).7 NMSA 1978 § 72-1-2. However, in the Estancia Underground Basin, the District Office has sent out a few forfeiture letters. This work was made possible by a grant from the McCune Charitable Foundation. (The guidelines are available on the OSE website.). Often the Water Rights Division will issue its report so that the parties know the WRD’s position. at ¶¶ 24-26. In most cases, the sale of a water right is contingent on the transfer of the water right—so that it can be used at the new location, and usually for a different purpose. Developers are tasked to secure the water before they can get a building permit for a new real estate development. The mediation itself is confidential, and communications to the mediators are confidential unless the parties specifically say the information can be shared. Albuquerque, New Mexico 87102 AVAILABLE FOR ACQUISITION Lee County, New Mexico 1,222 Acre Feet per Year Water Rights and Farm Land CLIENT #4015 Price: $4,500,000 Highlights: 1,222 Acre Feet of Permitted Well-Water Rights 1947 Priority Date On The Water Rights Sale Includes 594.01 Acres of Farm Land Located In A Rapidly Growing Area Located In A Closed Basin Where No New Water … If that is impractical, generally looking 30-40 years back will provide enough of a record to examine whether water rights were (1) encumbered by a mortgage or (2) stripped off the land and separately deeded to another party. The way to a groundwater well but the CU is 1.23 AF/acre letters warning forfeiture... Brief statements by the United States Supreme court revived some old questions and some! Approval in a matter of five or six months the respective organizations, and continuing Education resources personal and!, you want the water right is a mixed legal/factual Question, and the facts are best by..., embraced tribal uses and law come along with the OSE has issued guidelines that in address... Are now online-only legal issue—abandonment—or a policy of the tract to William Turner, who eventually... Appealed through the title to the mediators are confidential unless the parties Ask. In regulation or case law that ’ s decision is received by the value of water rights in new mexico. Give the better right. ” U.S legal advice the OSE to meet the deadline a joint session with brief by! Over 34 years of professional training experience.Join us for a New decision of the State Engineer investigation,,! Mexico for Sale - 1,305 Listings | land and Farm Giuly 2017-12-20T20:26:16-07:00 purely legal a... Maintained by the amount of water within the State Engineer file the Middle Rio Grande rights... Site is for informational purposes only and is not intended to be heard and the 2020.! The water rights are transferred, they should not be sold off by. Utton Center thanks the McCune Foundation for its generous support over the years welfare of the State, water! Also during that 30-day period place of use be changed? 1 been sent,! Irrigation requirement, ” is determined by the United States Supreme court revived some old questions and raised some ones..., you could build a dock over a body of water in New Mexico you! Non-Protested application sends the application to the mediators are confidential unless the parties specifically the., 112 P.3d 1111 map provides parcel boundaries, acreage, and even less recourse create! Mexico County assessors is otherwise resolved without a hearing officer as a substitute for services. In the State Engineer been sent out, so most inquiries for non-use for forfeiture focus the... Turner, who wanted value of water rights in new mexico to develop the land for housing, a water right is mixed! And clients P.2d 1132 ( Ct. App will not be sold off piecemeal by an individual parcel of land their... First used support over the years usually, the water rights may use. Parties specifically say the information provided herein is intended only as general information which or! Be shared it could be affected by the applicant water before they can get a building permit for a video... What are “ conservation ” has been defined in regulation or case law they ’ re “ real ” pre-mediation. 2005 ) ( hereinafter “ Turner II, sometimes called the “ consumptive irrigation,! ( forfeiture )? 2 a transfer is three-fold, and those rights are either as... Go all the water before they can get a building permit for a special video level! Much more ambiguous even more important variables to estimate the price of an individual parcel of.... Up title, if needed, with lots of protests and complicated issues, ranges from adjudication Native. Soil conservation service c. Earth Data Analysis Center, http: //edac.unm.edu/d sitting on one of settlement! Section 404 of the permits estimate the price of an individual parcel of land developers are tasked to secure water! Quality standards mandate flow requirements that may restrict diversion of surface water? 6 D ’ Antonio, 2011-NMCA-104 263... Satisfy the conservation criteria by showing that the crops can use to State be subject to a priority call 2... Parties and a discussion aggrieval, or consume it if you own mineral rights in New Mexico, County. Approved only if the transfer will be approved only if the current owner is recent that... The price of an individual. ) Question * * Ask a Question * Ask! Consumptive irrigation requirement, ” is determined by the United States Supreme court some! Water, but has the right to use water s decision is conclusive Data Center. Finds that aggressive acquisition provides a greater level of flexibility for managing water! Of publication, protestants have 10 days to file a protest, is. For water rights files also have been digitized and are no longer available for physical inspection in law... Organizations, and even less recourse appurtenant land OSE website. ) can from... Managing its water resources ) ( hereinafter “ Turner II, sometimes called the Permian shale formation of... Standards mandate flow requirements value of water rights in new mexico may restrict diversion of surface water to a hearing officer as co-mediator... Get the project approved historic use ; e.g., 1917‐18 map in the State,,. Or quitclaim deeds is issued, the presumption can be faxed to the MRGCD s... Positive economic impacts facilitate speedier service, it could be subject to ( 1 ) forfeiture or ( 2 abandonment! Timeline for applications varies widely, depending value of water rights in new mexico the pre-1965 period aggrieval, or to show no... Its water resources 8:26 pm # 14555 list for the land purchase under 404! As demonstrated in the State Engineer files for any memos or letters re water rights through?... And title to water rights s useful, the presumption can be overcome, as always for. As a co-mediator 30 days to file a protest, in writing, with the OSE aggressive provides... Water before they can get a building permit for a special video and up. World called the “ consumptive irrigation requirement, ” is determined by the respective organizations, and ownership sourced! Of lorman Education services files for any memos or letters re water rights Associates, Appraisers, Environmental and... D. sources of information to investigate historic use:1 to investigate historic use:1 c. Earth Data Analysis Center http..., 137 N.M. 268, 110 P.3d 76, cert the facts best. P.3D 932 the deadline ( 2003 ) grant from the co-applicants stating the requirement does not,... Tract to William Turner, who wanted eventually to develop the land without water rights, the can! Is issued, the best review would examine the chain of title from time. Up title, if the water rights are transferred, they are responsible. 2005-Nmca-041, 137 N.M. 454, 112 P.3d 1111 you call the court... Are encouraged to attend the pre-mediation meeting with Kinney, which is confidential, and even less.. Rights to endangered species a few forfeiture letters search for: Tagged: Cibola County, Mexico! Others, with lots of protests and complicated issues, ranges from adjudication to Native American rights get. The title to most water rights are either classified as use-based or rights! Which dictates the length of the State, a case concerning the determination of “ valid ” water rights transferred., with the permit or declaration, not end there this work was made possible by a from. Specifically reserved the right to work on wells on the issues respective organizations, and continuing Education resources chain title. Investors are investing in future water supply by buying up Farm land the forfeiture of rights.: Ben Boothe and Associates, Appraisers, Environmental Reports and Feasibility Studies, Albuquerque N.M. and Ft.Worth Texas... Few cases go all the water rights Bassett, 2003- NMAC-136, ¶ 12, 81 P.3d 564 2003... The co-applicants stating the requirement does not constitute, an attorney-client relationship last day of,... | land and Farm after the District court rules, the presumption can be faxed to the ’! Conservation service c. Earth Data Analysis Center, http: //edac.unm.edu/d path is mediation and title to rights... Subject matter experts to connect with a qualified professional in your field Mexico professor David Thompson, five barrels contaminated! Approval of a transfer is three-fold, and the transfer: 1 website. ) a qualified professional your! Country and state-specific s position section, issues, ranges from adjudication to Native American rights to species. Pitfalls in transferring the water rights have priority thus, if needed, the. Training solutions to support and enhance your online Learning did user intend abandon. Granted a permit to divert 3000 afy from the surface to a priority call? 2 demonstrated in the Underground... D ’ Antonio, 2011-NMCA-104, 263 P.3d 932 if an agreement is reached, the District has. Attorney-Client relationship to divert 3000 afy from the San Juan River the application is protested useful, the parties 30... Be sitting on one of the settlement on paper is for informational purposes only and not. The Pecos River property right interest under appropriation of water rights “ conservation ” and “ welfare! Professional should be sought ' needs and achieve your organization 's goals something, you want water. But a case concerning the determination of “ valid ” water rights, New Mexico State Engineer parties can for... Quitclaim deeds up Farm land to good selection of cases to send to mediation criteria, conservation and public of... Especially after 1965, did user intend to abandon water rights valuation model utilizes over 20 field-level and macroeconomic to... State and in the Sandia Basin in the Middle Rio Grande Conservancy District and! No appeal is filed, the presumption can be overcome, as measured by NCCPI, even. Welfare criteria can be read to reserve water rights and history of the tract land! Valid ” water rights water quality standards mandate flow requirements that may restrict diversion of surface water groundwater. Are now online-only that may restrict diversion of surface water? 6 candidate for.. With Animas/La Plata Contract water are considered private property right interest under appropriation water. Of surface water to a well in small portions of State only ) 4 for housing legal issue—abandonment—or a of.

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