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I've recently moved into the area and have indeed heard dirtches called acequeias, by my realtor, I think.
There are some very old acequeias there in Corrales, the main one going North/South with the major banks on each side go back to the 1500's. Nice horse, bicycle and pedestrian trail.
I believe Western Water Law is there to admire, inspire and confuse.
Most Western Water Law has nothing to do with acequias. Acequias pretty much only exist in New Mexico, and are in my opinion contrary to the doctrine of conservation of water because they are allowed to willy nilly open their headgates and flood their lands, sometimes in the middle of the day so that much water evaporates from the surface. However, because acequias for the time being are considered to be some romantic and culturally vital part of New Mexico, they will probably continue to go largely unmonitored, unmetered and do whatever they want to.
Most Western Water Law has nothing to do with acequias. Acequias pretty much only exist in New Mexico, and are in my opinion contrary to the doctrine of conservation of water because they are allowed to willy nilly open their headgates and flood their lands, sometimes in the middle of the day so that much water evaporates from the surface. However, because acequias for the time being are considered to be some romantic and culturally vital part of New Mexico, they will probably continue to go largely unmonitored, unmetered and do whatever they want to.
One thing we seem to be hearing in the Pojoaque Valley is that we must put our water rights to beneficial use or lose them -- this would apply to both well water and acequia water. Clearly this works against water conservation. What a number of people are doing is planting fruit trees which apparently count as beneficial use.
I am not entirely immune to this impulse -- I now have six fruit trees and will plant more this coming spring.
It should be prettier around here in the spring anyway.
One thing we seem to be hearing in the Pojoaque Valley is that we must put our water rights to beneficial use or lose them --
Do you know of a case where someone had their water rights revoked?
I've heard of this possibility as it applies to large water users such as an association's water system, but I've never known of anyone who actually lost part or all of their assigned rights. It may be a case of the laws being on the books but lacking enforcement - or the will to enforce.
Do you know of a case where someone had their water rights revoked?
I've heard of this possibility as it applies to large water users such as an association's water system, but I've never known of anyone who actually lost part or all of their assigned rights. It may be a case of the laws being on the books but lacking enforcement - or the will to enforce.
Water rights can be lost through forfeiture or abandonment by law. Forfeiture has never been used as far as I know, however non-use of a water right for approximately 20 years or more can lead to abandonment of a water right, and I do know of that happening. In addition, if you do something like put a structure or development over something that was irrigated in the past, that could be a prima facie case of abandonment.
One thing we seem to be hearing in the Pojoaque Valley is that we must put our water rights to beneficial use or lose them -- this would apply to both well water and acequia water. Clearly this works against water conservation. What a number of people are doing is planting fruit trees which apparently count as beneficial use.
I am not entirely immune to this impulse -- I now have six fruit trees and will plant more this coming spring.
It should be prettier around here in the spring anyway.
If you are talking about domestic wells, that is not true. For irrigation wells, that could be the case. You are correct that the doctrine of prior appropriation sometimes runs contrary to conservation of water when it is use it or lose it. That's why some acequias and ditches are creating water banks where water rights can be stored without being subjected to abandonment. Water banks are a great concept, but for now an underused concept.
If you are talking about domestic wells, that is not true. For irrigation wells, that could be the case. You are correct that the doctrine of prior appropriation sometimes runs contrary to conservation of water when it is use it or lose it. That's why some acequias and ditches are creating water banks where water rights can be stored without being subjected to abandonment. Water banks are a great concept, but for now an underused concept.
Apparently no longer an underused concept that is overdue for counter-critiques.
Google for many water bank supporting links, including New Mexico banking.
Now to find some arguments against it.
Probably best to cut this out into a new thread somehow.
Here's an introductory article to water banking. Publication No. 6 of Western Resource Issues Education series at the University of Nevada Reno Cooperative Extension. Pub No. 7 promises "...common concerns about water banking." I'll try to find it. http://www.unce.unr.edu/publications...her/fs9809.pdf
Good introduction to NM water rights, ditch rights, water banking and model acequia bylaws.
Last edited by highplainsrus; 04-13-2013 at 09:37 AM..
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