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<br />001977 <br /> <br />criteria established by'CNA. Most parcels receive the water required to irrigate a <br />twenty-hectare parcel. As discussed below, this system remains in place today but <br />its management rules are in flux. <br /> <br />The second water right management system currently in place in District 014 <br />was created in 1992, with the enactment of the National Water Law (IINWLII). Under <br />this law, a so-called Concession System was created to allocate national waters to <br />private parties.7 The NWL promulgates rules under which water concessions are <br />granted and transferred. Although the new Concession System recognizes the <br />existence of irrigation districts, it does not clearly define the way in which irrigation <br />rights will be managed under a concession system. Currently, a concession title is <br />the only way a private party can acquire a newly issued right to use national waters.s <br /> <br />A. Ownership and Transfer of Irrigation Rights <br /> <br />CNA is in the process of bringing the older Irrigation Rights System into <br />conformity with the new concession system in Irrigation District 014. Most of the <br />water rights in this area continue to be held as irrigation rights and not concession <br />titles. <br /> <br />Irrigation rights are registered in the Public Registry of Water Rights <br />("REPDA") created by the NWL.9 Although the REPDA only functions as a registry, <br />the NWL recognizes the registration of water rights in the REPDA as a means of <br />proving the existence and status of such rights.1o For example, as parcels of land or <br />the associated water rights are sold or leased, CNA registers those changes in the <br />REPDA and adjusts water deliveries to the individual modules accordingly. <br /> <br />Under the water allocation rules applicable in Irrigation District 014, urban, <br />industrial, and domestic water uses take priority over agricultural uses.11 ' <br /> <br />Most of the water rights available for purchase in District 014 are irrigation <br />rights. Such rights may be changed from an agricultural use to other uses, as long <br />as there is a prior authorization from the Irrigation District (CNA), and the new use is <br /> <br />7 A concession may also be granted for the private operation of water distribution systems. These <br />systems operate in District 014 and are known as Irrigation Units or Modulos. These usually charge a fee for the <br />usage of its distribution system. There are 23 such units in Irrigation District 014. <br /> <br />8 <br />Art. 20, NWL. <br /> <br />9 <br />Art. 52, NWL. <br /> <br />10 [d. Note however, that according to a Mexican Supreme Court decision issued in 1991 (prior to the <br />enactment of the NWL), the only means for a private party to prove standing to defend its right to use national <br />waters is by showing proof that such party holds a concession title or permit issued by the Federal government. <br />See SEMANARIO JUDICIAL DE LA FEDERACION, OCTAVAEPOCA, TOMOVm, MEXICO,lULIODE 1991, P. 123. <br /> <br />11 Art. 24, 1964 Rules of Operation for Irrigation District 014. <br />