Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
New Mexico State Engineer John D'Antonio has appealed a recent district court decision that found the state's domestic well law unconstitutional.
D'Antonio said in a news release that he appealed the decision to the state Court of Appeals on Thursday because laws enacted by the Legislature are presumed to be constitutional. The appeal was needed to ensure the legal basis of the law is fully deliberated, the release said.
During the appeal, the state engineer's office will continue to accept domestic well applications and process them, D'Antonio said.
District Judge J.C. Robinson ruled this month in Silver City that the state engineer can't treat domestic well applications differently than other types of water rights applications. He also found the state domestic well law violates the right of senior water rights holders to due process.
I was referring to a publication of the state engineer specifically referring to livestock wells. Apparently (?) the state engineer has some leeway interpreting or explaining the statute.
My impression -- but IDK -- is that you may be correct and livestock wells are automatic -- BUT the water is for the livestokc to drink and not for any other purpose associated with livestock -- THUS unless you have a lot of livestock the amount of water involved is fairly minor. Again, this is just an impression reading various sources.
Devin, I think you are correct, the use would be for livestock to drink. If you were going to use the water to wash off livestock and their barns, that would not be considered a livestock tank/well/pond. Some huge dairy operations use water for this, but I think they have to get a commercial use permit.
We had our well drilled just over a year ago(Fence Lake) and granted 3 acre feet for out 120 acres. We are planning on raising "some" livestock. Last month we we entered as "co-defendants" (and improper service etc) in a joint action suit by the Zuni Nation and the State Engineer that the well and the water we were getting was "not ours" to have as the water belonged to the Zuni Nation...huh..
And they water to put meters on everyones well to charge for the water..
The aquafer that feeds this area actually originated out of Colorado and north.
So how can an entity same that the water up stream from us is their's alone??
Then the Navajo Nation could claim that water down stream from them into Arizona is their water....?
This action has been in the courts for some time but will impack future buyers of land and those selling in the future.
We will meet with the attorney representing the defendants as I want to get copies of the original papers etc. ( I have a very good law background).
So, this growing issue in the state over water rights will continue for quite sometime.
I have also heard that the Zuni Nation is selling "their" water to a power plant in Az., which pulls a LOT of water from the pools; and effects downstream land use.
We just purchased 25 acres of land outside of Nogal, and although it will be a few years before we put a house on the property, believe it might be prudent to put the well in now. It will be a domestic (more than likely) and will start with the state water department now. But my question, are there any negative effects of having the well sit dormant until we can do something with the property? We've been told we'll hit water in the area at about 150 to 200 ft, but plan to go 300 ft. Also any suggestions we should think about for this full cased well? Thanks, appreciate your valuable thoughts!
We just purchased 25 acres of land outside of Nogal, and although it will be a few years before we put a house on the property, believe it might be prudent to put the well in now. It will be a domestic (more than likely) and will start with the state water department now. But my question, are there any negative effects of having the well sit dormant until we can do something with the property? We've been told we'll hit water in the area at about 150 to 200 ft, but plan to go 300 ft. Also any suggestions we should think about for this full cased well? Thanks, appreciate your valuable thoughts!
I wish I had checked with a few more drillers and gotten their bid and also the "What if's"..which can be many.....
I am now having to BUY WATER as the well will not produce enough to fill my 4500 gal storage tang...
We had our well drilled just over a year ago(Fence Lake) and granted 3 acre feet for out 120 acres. We are planning on raising "some" livestock. Last month we we entered as "co-defendants" (and improper service etc) in a joint action suit by the Zuni Nation and the State Engineer that the well and the water we were getting was "not ours" to have as the water belonged to the Zuni Nation...huh..
And they water to put meters on everyones well to charge for the water..
The aquafer that feeds this area actually originated out of Colorado and north.
So how can an entity same that the water up stream from us is their's alone??
Then the Navajo Nation could claim that water down stream from them into Arizona is their water....?
This action has been in the courts for some time but will impack future buyers of land and those selling in the future.
We will meet with the attorney representing the defendants as I want to get copies of the original papers etc. ( I have a very good law background).
So, this growing issue in the state over water rights will continue for quite sometime.
I have also heard that the Zuni Nation is selling "their" water to a power plant in Az., which pulls a LOT of water from the pools; and effects downstream land use.
Stay tuned,
HW
I don't know the law, but the politics look like pretty much what is happening all over the state. Think about it -- this seems like a civil matter -- who owns the water. But the State Engineer is suing you. Your taxes help pay the expenses of this office, but they sue you. Maybe that tells you that there are powerful forces arrayed against you.
The Zunis are a sympathetic group and the suit is brought in their name. But this isn't happening because the Zunis are thirsty. Lurking behind them are all the interests that want to buy the water rights once the Zuni win. Those are developers that want to build more subdivisions, the industries that want to locate or expand here, plus the cities like ABQ, Santa Fe, Las Cruces, etc., with money and political power of numbers.
So who do think is going to win? Don't worry -- nobody is going to want to take away all your water rights -- they don't want the political heat. But eventual restrictions to far less than 3 acre feet are probably inevitable.
In New Mexico, can you:
1. Convert granted surface water rights to well water for agricultureal use?
2. Can you lease from an existing well for agricultural use?
Really good info on this post! Wish our country managed water a little better. We have some parts that are drowning in water and others gasping for lack of it. Hard for people who come from areas that have plenty of water to grasp the intricacies of western water policy. LOL
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
half acre
Re Water rights....suit in court...
