Acequia Bylaws
Elena Gallegos Grant
Water Rights Declaration Instructions
Water Rights Declaration Prefilled Form
Groundwater Declaration
Water Bank Deposit Form
MRGC Engineers Report
MRGCD Map
MRGCD Diversion Permit
Domestic Well Regulations
Law of Indies
Historical Designation
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Groundwater and Well Permit Information |
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WELCOME!
IMPORTANT INFORMATION ABOUT GROUNDWATER RIGHTS AND WELL PERMITS >>Click here for more information.
MRGCD Registration Form and >> Instructions (two separate downloads)
Important information regarding Surface Water Declaration! PLEASE READ this before downloading files:
- The form must be filled out and notarized in triplicate, even though the instructions with the form do not
say this. In fact, the rules have changed several times over the past two years, which means this rule is
a moving target. People who filed last year (Turpin, Kehr, Michael) are OK. Those who filed this year
are not.
- The acreage we are using to fill in this form comes from the Bernalillo County Assessor's office. The
OSE is using a map provided by the Middle Rio Grande Conservancy District, which often has a slightly
different figure. OSE is now rejecting some applications because of this difference. However, they will accept
the Bernalillo County numbers if we prove they came from Bernalillo County and did not simply make them
up. At my prompting, the head of the applications division said he would accept a screenshot of the web
page showing the Bernalillo County acreage for a given property as proof. So that now screenshot must
be included as well. Otherwise, you will have to provide a PLAT of your property or copy of your deed.
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What is an acequia association?
- An acequia is a local government entity or political subdivision under New Mexico law, in which we, as owners of water rights, can govern the ditches in our own neighborhood. Our acequia was formed at a public meeting on May 3, 2008 and is called Acequia de Los Alamos de Los Gallegos (ALALG). Three commissioners and a Mayordomo, Enrique Lamadrid, were elected at the meeting.
- Bylaws for ALALG were adopted
at the annual neighborhood meeting at on June 21, 2008. The bylaws
can be downloaded here (or see list at the left). The bylaws are
from a template provided by the New Mexico Acequia Association.
Why do we need one?
- To help preserve the water rights of our neighborhood. For years, the State
of New Mexico has been in the process of determining who has water rights and what they are. The process is called water adjudication—a court case in which the Office of the State Engineer (OSE) requires individual water users to “prove” they have rights to the water they are claiming. Until now, most of the adjudications took place in northern New Mexico, but adjudications will be starting in the Middle Rio Grande district—us!—next year. With the onset of drought, the OSE is under pressure to deny water rights whenever it can, especially to people who have not been using water. Each individual in our neighborhood must claim his/her own water rights and support the claim with legal documentation—and the same documents apply to everyone in the neighborhood. The acequia association (ALALG) will act as a clearinghouse of information for the entire neigh-borhood in the adjudication process, and also advocate for our water rights with the OSE. It is important everyone declare his/her rights. If an acequia starts losing its water rights, it becomes “like a wheel that loses spokes,” and collapses. In other words, we all swim or sink together—literally. Too many acequias around the valley have already met this fate!
- To provide funds for maintenance. An acequia association is an official state body, and is eligible for capital outlay funds to maintain the ditches, easements, drains, checks, turnouts, etc. In other words, we can get state money to fix a low ditch bank, or a faulty water dam. As it happens, Ed Sandoval, who is our local state representative, is the chairman of the Capital Outlay Committee. Last year, he helped allocation over $200,000 for maintenance of acequias.
- To create a “water bank.” One way for neighbors who are not irrigating to preserve their water rights is to bank their water with an acequia association. In 2003, the Legislature passed a law allowing acequias to set up water banks. The acequia allocates water for use by the members of the association. In practical terms, this means giving water to those who want to use it. However, even those who don’t irrigate benefit from the water bank. A “dry” neighbor still deposits his or her water in the bank, and can choose to “withdraw” his or her water at any time. This means the unused water is put to use, which is a requirement for maintaining a water right, and the “dry” neighbor still preserves his or her right to the water. If you wish to participate in the acequia water bank, download the water bank form here (or see list at left).
- To handle conflicts over water. Albuquerque Metro Court, which currently has jurisdiction in disputes between neighbors, has acknowledged the rights of water acequia associations to police themselves in conflicts over use of water. The mayordomo of the acequia association is empowered to act as the “enforcer,” although in practice, he would simply investigate the problem and suggest a solution.
Who are the acequia officers and how do I contact them? Mayordomo
Enrique Lamadrid
lamadrid@unm.edu
Commissioners
Robert Greiff, Chairman
rlgreiff@unm.edu
Dianne Williams, Secretary
Don Dudley, Treasurer
don.dudley@dondudleydesign.com
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