Water Rights

WATER RIGHTS
Most of the water in the southwest and New Mexico is governed by Prior Appropriation, a “water law”. This water law says that whoever first, historically, used the water in a beneficial way has the right to that source of water. The user must give reasonable proof of the amount of water historically put to beneficial use.

The Native Americans were the first persons in New Mexico to put water to a beneficial use. In water law suits the amount they historically used is often used. Law suits have increased as population and water needs increase.

The water belongs to the state in New Mexico. In some cases we only own the right to use the water. This right is personal property and in some cases it may be sold. There are ground and surface rights.
Ground rights are those that people get by tapping into underground water i.e. domestic wells. These rights are rarely severed from the land. All well rights must be recorded at the Santa Fe County Courthouse. Change of ownership and records are at the State Engineer’s Office.

A surface water right is the right to divert surface water. This can be a stream on your property or an irrigation ditch, commonly called an acequia. These rights can usually be sold. By doing this it often compromises the entire acequia association and other irrigators.
How much water you can use depends on the amount of surface water rights that accompany your property. Also if there is a well, how much water you can use depends on when it was drilled and where in the county it is located.

Water is measured by acre feet. One acre foot of water is 325,851 gallons. That would be enough water to cover an acre at a depth of one foot. So you can get a better picture the average household, city or county, use between ¼ and 1/3 of an acre foot.

Water rights are expected to be used. If the water is not used the right to use it may be terminated and revert to the state. Important point – your water rights or entitlement does not guarantee that all “wet water” is really available.

If you are purchasing a new home, ranch, farm or farmette consult a local attorney who specializes in water rights. Make sure you know how to keep your rights active.

Santa Feans are by and large conservative with their water use. Native landscaping is becoming more popular and low flow toilets and plumbing fixtures are being used more often. Our water consumption, per capita, is well below that of Phoenix, Denver, Las Vegas and other New Mexican cities.

If you need more information about water rights or are looking to purchase a home in the Santa Fe County contact:

“THE REALITY REALTORS”
Team Different – Lynne Murray and Grace Berge –
505-231-2136
or email us at teamdifferent@prusantafe.com
our website
www. Santafehomes-teamdifferent.com