WSP02775

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 10/25/1991
• Title: Final Biological Opinion - 1991
• Water Supply Pro - Doc Type: Biological Opinion

ATTACHMENT 2

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NEW MEXICO'S STATEMENT OF AUTHORITIES RELATED TO THE
MEMORANDUM OF UNDERSTANDING

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New Mexico's Statutes, Section 72-5-1 (1985 Repl. pamp.),

provides that any person, association, or corporation intending to

acquire the rights to the beneficial use of any surface water

shall, before commencing any construction, make an application with

the State Engineer for a permit to appropriate. Section 72-2-1 of

the statutes authorizes the State Engineer to have general

supervision of the waters of the state and of the measurement,

appropriation and distribution thereof. New Mexico Statutes thus

provide for the State Engineer to exercise control of the diver-

sion, appropriation and use of the surface waters of the state.

The surface water rights of the San Juan River System in New

Mexico were adjudicated by the San Juan Decree, San Juan County

Cause No. 01690, entered by the state district court on April 8,
1948, for all surface rights except those of the Indian tribes and

the federal government.

The decree determines the ownership,

priority, location and amount of water that can be applied to

beneficial use.

The decree contains limitations on both the

maximum diversion rate and the maximum amount of water that may be

applied to beneficial use.

New Mexico Statutes, Section 72-2-8 (1985 Repl. Pamp.),

provides that the State Engineer may adopt regulations imposed to

implement and enforce any provision of law administered by him,

including special orders defining the declared boundaries of

underground streams, channels, artesian basins, reservoirs, or

lakes. Section 72-12-1 (1985 Repl. Pamp.) provides that the water