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<br />,,~ <br /> <br />n[j~i7 J '. <br /> <br />.(.::~~ <br />r:'~;:-;:.~ <br />~-t~::~.:;. <br /> <br />neither transfer his surface rights nor 'change his point of <br />diversion into underground' reservoir", and' finally 4) "Transfer <br /> <br />of surface right to the water which had lost its identity as <br /> <br />surface water because it had reached underground reservoir would <br /> <br />not be a change in point of diversion but a new appropriation in <br /> <br />underground reservoir," <br /> <br />Because the Pecos River is a fully appropriated stream <br /> <br />system, the shallow water aquifer throughout the basin is in <br /> <br />hydraulic communication with the river and the artesian aquifer <br />in the Roswell Basin was a substantial contributor to the Pecos <br /> <br />River, the State Engineer has adopted an administrative criteria <br /> <br />for the Roswell Underground Water Basin which does not allow any <br />~~N new appropriations of groundwater (except for domestic and stock <br /> <br />wells pursuant to S72-12~1 NMSA 1978), Therefore any new uses of <br /> <br />water must necessarily result from the change in the exercise of <br /> <br />existing water rights, In order to protect prior rights from all <br /> <br />sources, both surface and ground, the State Engineer's analysis <br /> <br />requires a comparison of the effects resulting from a water right <br /> <br />transfer on the sources of water supply. Of course the sources <br /> <br />to be analyzed are the Pecos Ri ver, the intake area of the <br /> <br />artesian aquifer and the shallow water aquifer, <br /> <br />The New Mexico Supreme Court's decisions in Templeton, cited <br /> <br />in the Pecos River case and the City of Albuquerque, cited in the <br />Rio Grande case, made it perfectly clear that the coordinated <br /> <br />management of surface and groundwater is not only possible but is <br /> <br />essential under New Mexico's Constitution, <br /> <br />23 <br />