New Mexico Water Law & Acequias Hosted by: New Mexico Acequia Association April 19, 2012 The Lodge at Santa Fe

Workshop Agenda History and overview of New Mexico water law Elements of a water right (the state's definition) Overview of adjudication Preparation for adjudication ACDF Overview the OSE's Active Water Resource Management (AWRM) system. Emerging Issues Conservation

History and Overview of New Mexico Water Law Traditional Water Law Under Spain and Mexico: Not ok to over appropriate water Sharing in shortages and surpluses All irrigable land entitled to water All control over water use is local (acequias), not state Once land has water right, it doesn’t get lost Water rights are non-transferable, attached to land

New Mexico Constitution (1912): Existing rights confirmed Unappropriated water belongs to public and can be appropriated by any individual Priority Beneficial use History and Overview of New Mexico Water Law

Imported Water Law – California, Colorado Overappropriation frequently occurs E.g. Pecos River Water right only arises if certain elements are met Miranda (graphic – need to divert water from natural course to be considered wr)

History and Overview of New Mexico Water Law Imported Water Law – California, Colorado (Cont’d) State (OSE) and state law is final decision maker over water rights – Acequias became subject to these decisions Forfeiture/abandonment – Jigsaw puzzle (lands w/ wr next to lands w/o wr - graphic) Water rights are transferable – Utility vs. used car

History and Overview of New Mexico Water Law TRADITIONAL SYSTEMIMPORTED SYSTEM Simple, practical, common senseLegalistic, complicated Water right measured in time or derechosWater right measured in acre feet Oriented toward food needs of small-scale farmer/stock raising families Oriented toward a water right as individual commodity that can be severed from land Priority placed on survival of communityIndividual acts can undermine community interests (e.g. forfeiture, transfer) EquitableHierarchical based on priority Acequias as main decision makersState and OSE main decision makers

Elements of Water Right There are 7 elements that constitute a water right: 1.Acreage 2.Priority 3.Amount of water 4.Point of diversion 5.Place of use 6.Purpose of use 7.Source of water

Elements of Water Right: Acreage Forfeiture and Abandonment Unfenced areas

Hydrographic Survey Example

Elements of Water Right: Priority State is strict in terms of historical proof Reference to actual acequia Priority vs. customs of equity within the community

Elements of Water Right: Amount of Water Scientific calculation of crop need at the given elevation, growing season, etc. Diversion right: enough water for hydraulic pressure, silt flushing, etc.

Overview of Adjudication Acequia Community Ditch Fund (ACDF) Funding for acequia associations for adjudications Must form regional association to qualify

Adjudication Documents

Overview of AWRM Active Water Resource Management (AWRM) Historically, state did not enforce priorities To begin, OSE wanted the following: Total control over priority enforcement Junior users to be able to buy their way out of being curtailed

Overview of AWRM Things that acequias potentially lose control over (under AWRM) Water Master replaces mayordomo Water Master controls locks on headgates Amount acequia may divert Rotation on basis of time, not acre feet

Emerging Issue: Conservation River Acequia