TITLE 19               NATURAL RESOURCES AND WILDLIFE

CHAPTER 27       UNDERGROUND WATER

PART 65               DECLARATION OF THE MOUNT RILEY, HATCHITA, CLOVERDALE, AND YAQUI

                                UNDERGROUND WATER BASINS

 

19.27.65.1             ISSUING AGENCY:  Office of the State Engineer.

[19.27.65.1 NMAC - N/E, 9/23/2005]

 

19.27.65.2             SCOPE:  The appropriation and use of underground water within the Mount Riley underground water basin, the Hatchita underground water basin, the Cloverdale underground water basin, and the Yaqui underground water basin, areas declared by the state engineer to have reasonably ascertainable boundaries.

[19.27.65.2 NMAC - N/E, 9/23/2005]

 

19.27.65.3             STATUTORY AUTHORITY:  Chapter 72, Article 12, NMSA 1978.  Section 72-1-1 NMSA 1978 provides that all natural waters flowing in streams and water courses belong to the public and are subject to appropriation for beneficial use.  Section 72-2-1 NMSA 1978 gives the state engineer general supervision of waters of the state and of the measurement, appropriation and distribution thereof and such other duties as required.  Section 72-2-8 NMSA 1978 gives the state engineer authority to adopt regulations and codes to implement and enforce any provision of any law administered by him and also provides the state engineer with authority to issue orders necessary to implement his decisions and to aid him in the accomplishment of his duties.  Section 72-2-9 NMSA 1978 gives the state engineer authority over and supervision of the apportionment of water in this state according to the licenses issued by him and his predecessors and the adjudications of the courts.

[19.27.65.3 NMAC - N/E, 9/23/2005]

 

19.27.65.4             DURATION:  Permanent.

[19.27.65.4 NMAC - N/E, 9/23/2005]

 

19.27.65.5             EFFECTIVE DATE:  September 23, 2005, unless a later date is cited at the end of a section.

[19.27.65.5 NMAC - N/E, 9/23/2005]

 

19.27.65.6             OBJECTIVE:  To establish administrative control over the appropriation and use of underground water within the Mount Riley underground water basin, the Hatchita underground water basin, the Cloverdale underground water basin, and the Yaqui underground water basin, areas declared by the state engineer to have reasonably ascertainable boundaries.

[19.27.65.6 NMAC - N/E, 9/23/2005]

 

19.27.65.7             DEFINITIONS:  [Reserved]

 

19.27.65.8             BOUNDARY DESCRIPTION OF THE MOUNT RILEY UNDERGROUND WATER BASIN:  Beginning at the southeast corner of section 13, township 29 south, range 2 west, NMPM, a point on the border between the United States of America and Mexico; thence west along said international border to the southwest corner of section 18, township 29 south, range 4 west, NMPM; thence north along range line to the northwest corner of section 7, township 29 south, range 4 west, NMPM; thence east along section line to the northeast corner of section 7, township 29 south, range 4 west, NMPM; thence north along section line approximately 0.5 mile to a point in the middle of the western boundary line of section 5, township 29 south, range 4 west, NMPM; thence east approximately 1.0 mile to a point in the middle of the eastern boundary line of section 5, township 29 south, range 4 west, NMPM; thence north along section line to the northeast corner of section 5, township 29 south, range 4 west, NMPM; thence east along township line to the southwest corner of section 35, township 28 south, range 4 west, NMPM; thence north along section lines to the northwest corner of section 14, township 28 south, range 4 west, NMPM; thence east along section line to the northeast corner of section 14, township 28 south, range 4 west, NMPM; thence north along section lines to the northwest corner of section 36, township 27 south, range 4 west, NMPM; thence east along section line to the northeast corner of section 36, township 27 south, range 4 west, NMPM; thence north along range line to the northwest corner of section 30, township 27 south, range 3 west, NMPM; thence east along section lines to the northeast corner of section 27, township 27 south, range 2 west, NMPM; thence south along section lines to the southeast corner of section 10, township 28 south, range 2 west, NMPM; thence east along section line to the northeast corner of section 14, township 28 south, range 2 west, NMPM; thence south along section lines to the southeast corner of section 26, township 28 south, range 2 west, NMPM; thence east along section line to the northeast corner of section 36, township 28 south, range 2 west, NMPM; thence south along range line to the southeast corner of section 13, township 29 south, range 2 west, NMPM, a point on the border between the United States of America and Mexico, being the point of origin.

[19.27.65.8 NMAC - N/E, 9/23/2005]

 

19.27.65.9             BOUNDARY DESCRIPTION OF THE HATCHITA UNDERGROUND WATER BASIN:  Beginning at the southeast corner of section 15, township 29 south, range 11 west, NMPM, a point on the border between the United States of America and Mexico; thence west along said international border to the southwest corner of section 18, township 29 south, range 13 west, NMPM; thence south along said international border to the southeast corner of section 24, township 34 south, range 14 west, NMPM; thence west along said international border to the southwest corner of section 21, township 34 south, range 16 west, NMPM; thence north along section lines to the northwest corner of section 4, township 34 south, range 16 west, NMPM; thence east along township line to the southwest corner of section 36, township 33 south, range 16 west, NMPM; thence north along section lines to the northwest corner of section 1, township 33 south, range 16 west, NMPM; thence east along section line to the northeast corner of section 1, township 33 south, range 16 west, NMPM; thence north along range lines to the southeast corner of section 36, township 29 south, range 16 west, NMPM; thence west along township line to the southwest corner of section 35, township 29 south, range 16 west, NMPM; thence north along section line to the northwest corner of section 35, township 29 south, range 16 west, NMPM; thence west along section line to the southwest corner of section 27, township 29 south, range 16 west, NMPM; thence north along section lines to the northwest corner of section 22, township 29 south, range 16 west, NMPM; thence west along section line to the southwest corner of section 16, township 29 south, range 16 west, NMPM; thence north along section lines to the northwest corner of section 4, township 29 south, range 16 west, NMPM; thence west along township line to the southwest corner of section 31, township 28 south, range 16 west, NMPM; thence north along range lines to the northwest corner of section 6, township 27 south, range 16 west, NMPM; thence east along township lines to the northeast corner of section 5, township 27 south, range 13 west, NMPM; thence south along section lines to the southeast corner of section 8, township 27 south, range 13 west, NMPM; thence east along section lines to the northeast corner of section 15, township 27 south, range 13 west, NMPM; thence south along section line to the southeast corner of section 15, township 27 south, range 13 west, NMPM; thence east along section lines to the northeast corner of section 24, township 27 south, range 13 west, NMPM; thence south along range line to the southeast corner of section 24, township 27 south, range 13 west, NMPM; thence east along section line to the northeast corner of section 30, township 27 south, range 12 west, NMPM; thence south along section line to the southeast corner of section 30, township 27 south, range 12 west, NMPM; thence east along section line to the northeast corner of section 32, township 27 south, range 12 west, NMPM; thence south along section line to the southeast corner of section 32, township 27 south, range 12 west, NMPM; thence east along township line to the northeast corner of section 3, township 28 south, range 12 west, NMPM; thence south along section lines to the southeast corner of section 22, township 28 south, range 12 west, NMPM; thence east along section line to the northeast corner of section 26, township 28 south, range 12 west, NMPM; thence south along section line to the southeast corner of section 26, township 28 south, range 12 west, NMPM; thence east along section lines to the northeast corner of section 31, township 28 south, range 11 west, NMPM; thence south along section line to the southeast corner of section 31, township 28 south, range 11 west, NMPM; thence east along township line to the northeast corner of section 4, township 29 south, range 11 west, NMPM; thence south along section line to the southeast corner of section 4, township 29 south, range 11 west, NMPM; thence east along section line to the northeast corner of section 10, township 29 south, range 11 west, NMPM; thence south along section line to the southeast corner of section 15, township 29 south, range 11 west, NMPM, a point on the border between the United States of America and Mexico, being the point of origin.

[19.27.65.9 NMAC - N/E, 9/23/2005]

 

19.27.65.10          BOUNDARY DESCRIPTION OF THE CLOVERDALE UNDERGROUND WATER BASIN:  Beginning at the southern boundary of section 22, township 34 south, range 19 west, NMPM, at the point of the intersection of the of the international border between the United States and Mexico with the drainage divide between the Playas valley basin and the Animas river stream system; thence west along said international border approximately 13.5 miles to the intersection of the international border with the of drainage divide between the Cloverdale basin and the Yaqiu river stream system; thence northerly along the drainage divide between the Cloverdale basin and the Yaqui river stream system to its intersection with the northwest corner of section 32, township 32 south, range 21 west, NMPM; thence due east to the mid-point of the northern boundary of section 32, township 32 south, range 21 west, NMPM; thence south one mile to the mid-point of the southern boundary of section 32, township 32 south, range 21 west, NMPM; thence east to the northeast corner of section 5, township 33 south, range 21 west, NMPM; thence south to the mid-point of the eastern boundary of section 5, township 33 south, range 21 west, NMPM; thence east to the mid-point of the eastern boundary of section 4, township 33 south, range 21 west, NMPM; thence south to the southeast corner of section 4, township 33 south, range 21 west, NMPM; thence east along section line to the northeast corner of section 10, township 33 south, range 21 west, NMPM; thence south along section line to the mid-point of the eastern boundary of section 10, township 33 south, range 21 west, NMPM; thence east to the mid-point of the eastern boundary of section 11, township 33 south, range 21 west, NMPM; thence north along section lines to the mid-point of the western boundary of section 36, township 32 south, range 21 west, NMPM; thence east to the mid-point of the eastern boundary of section 31, township 32 south, range 20 west, NMPM; thence south to the southeast corner of section 31, township 32 south, range 20 west, NMPM; thence east along township line to the northeast corner of section 2, township 33 south, range 20 west, NMPM; thence north along section line to the mid-point of the western boundary of section 36, township 32 south, range 20 west, NMPM; thence east to the mid-point of the eastern boundary of section 31, township 33 south, range 20 west, NMPM; thence south along section line to the southeast corner of section 31, township 32 south, range 19 west, NMPM; thence east along township line to the intersection with the drainage divide between the Playas valley basin and the Animas river stream system, thence southerly along said drainage divide to the intersection of the of the drainage divide with the international border between the United States and Mexico, being the point of origin.

[19.27.65.10 NMAC - N/E, 9/23/2005]

 

19.27.65.11          BOUNDARY DESCRIPTION OF THE YAQUI UNDERGROUND WATER BASIN:  Beginning at the southern boundary of section 21, township 34 south, range 21 west, NMPM, at the point of the intersection of the of the international border between the United States and Mexico with the drainage divide between the Cloverdale basin and the Yaqui river stream system; thence west along said international border approximately 3.7 miles to the intersection of the of the international border with the of state line between New Mexico and Arizona; thence north on the New Mexico - Arizona state line a distance of approximately 10.7 miles to its intersection with the northern boundary of projected section 35, township 32 south, range 22 west, NMPM; thence due east approximately 1.5 miles along projected section lines to the intersection with the drainage divide between the Cloverdale basin and the Yaqui river stream system; thence southeasterly along said drainage divide to the intersection with the international border between the United States and Mexico, a point on the southern boundary of section 21, township 34 south, range 21 west, NMPM, being the point of origin

[19.27.65.11 NMAC - N/E, 9/23/2005]

page 4 - Mount Riley basin map

page 5 - Hatchita basin map

page 6 - Cloverdale basin map

page 7 - Yaqui basin map

 

HISTORY OF 19.27.65 NMAC:  [RESERVED]