WSP11716

• File Number: 8507
• Description: Rio Grande Project
• State: CO
• Basin: Rio Grande
• Date: 7/1/1997
• Title: Water Management Study: Upper Rio Grande Basin part 1
• Water Supply Pro - Doc Type: Report/Study

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Major Physical, Legal, and Institutional Characteristics

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instream water rights, i.e., it does not consider water left instream to be a
beneficial use that the SEO will protect and enforce. Water in a stream may
be withdrawn and used for a recognized beneficial use, subject to the
recognition and protection of other users' rights. In the state of New Mexico,
all beneficial uses are considered equal, regardless of the economic value
produced by the use. Someone upstream with a junior water right, for
example, may withdraw water from the stream and use it, but must ensure
that streamflows remain sufficient for satisfaction of downstream users with
senior rights. The 1907 Water Code confirmed the priority of water rights
established prior to this date. Such water rights are classified as vested and
have priority over senior water rights, just as senior water rights have
priority over junior water rights.

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The SEO also governs groundwater rights in New Mexico. Legislation
passed by the state in 1927 and 1931 essentially extended the state's
prior-appropriation doctrine for surface water to groundwater (N.M. Stat.
75-11-1 to 75-11-10). Thus, all unappropriated groundwater belongs to the
state and is subject to appropriation under the criteria described above. No
well may be drilled within a declared underground water basin without a
permit and drilling may only be performed by a well driller licensed by the
SEa. Outside declared groundwater basins, the State Engineer has no
jurisdiction other than to prevent waste.

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When the State Engineer has determined that waters of underground stream
channels, artesian basins, reservoirs, or lakes have reasonably ascertainable
boundaries, he assumes jurisdiction over the appropriation and use of such
water by 'declaring" the administrative boundaries of the basin. Surface and
groundwater in declared basins are conjunctively managed, and the
appropriation of rights to the latter may require the retirement of the former
to avoid impairment of existing water rights and overdraft of underlying
water resources. The difficulties in managing a conjunctive system, however,
are illustrated by the recent change in understanding of the connectivity of
the Rio Grande and the aquifer used by Albuquerque-with the conclusion
that the city has been converting large amounts of groundwater into the
river, rather than the reverse. Guidelines for groundwater outside declared
basins are less stringent, and do not require permits from the SEO (N.M.
Stat. 75-11-13 and 75-11-21; McBee vs. Reynolds, 399 P.2d 110 1965).

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Both surface and groundwater rights are transferable in New Mexico, subject
to the restriction that the transfer of ownership cannot result in impairment
of other claims (N.M. Stat. 75-5-23 and 75-11-7 Supp. 1975). There is much

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