WSP05392

• File Number: 8021
• Description: Section D General Correspondence - Western States Water Council
• State: CO
• Basin: Statewide
• Date: 6/5/1991
• Author: Natural Resources La
• Title: Coordinated Water Management Under the Prior Appropriation Doctrine in New Mexico - Rio Grande Case - Pecos River Case
• Water Supply Pro - Doc Type: Report/Study

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The Supreme Court pursued the question further and said:

"We have already referred to the fact that' no attack is made

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here, nor has one been made elsewhere in these proceedings, on

the reasonableness of the regulations promulgated by the state

engineer. If we assume, as we must, from the findings made by

the state engineer and also by the district court that the

underground waters in question cannot be taken without

impairment to the rights of the river appropriators, even though

there are unappropriated underground waters in the basin, then

it would seem to follow that some method should be devised, if

possible, whereby the available unappropriated water can be put
to beneficial use, Because of the interrelationship between the
two waters, as discussed in the findings of the state engineer

from which we have extracted quotations supra, it would seem

that a method has been devised to serve this purpose, Having

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the statutory power and duty to protect prohibit the taking, by

denying the applications in toto if necessary to protect
existing rights, the state engineer has reasonably exercised his

power by imposing suitable conditions so as to permit such

taking as will not result in impairment"" We feel constrained

to hold that the state engineer adopted the only known plan to

avoid impairment to existing rights and that is his requirement,
that surface rights be retired to the extent necessary to
protect prior stream appropriators as' a condition of the

granting of an application to appropriate from the basin, is
within the lawful power and authority of the state engineer,"

(71 N,M, at 439-40,)

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