Partial Final Judgment and Decree on Surface Rights and Supplemental Rights in the Membership Phase of the CID (Carlsbad Irrigation District) section of the Pecos River Stream System Adjudication


Appendix B
Conditions Applicable to Every Water Right in the Carlsbad Irrigation District

A.        The rights of the United States and the CID to divert, impound, and store Project Water:  The rights of the United States and the CID to divert, impound, and store Project Water were conclusively determined by the Project Phase Decree and may not be challenged or objected to during inter se.  Although the Members of the CID are the beneficial owners of all Project water rights, the nature and extent of their beneficial interest is governed by the Project Phase Decree, certain federal and state laws, the rules and regulations of the CID, Subfile Orders, and any applicable contracts between the CID and its Members.

B.        The Project Phase Decree adjudicated the following Priority Dates and Amounts of Water to the CID for the benefit of its Members: 

1.         Priority Dates:

Carlsbad Irrigation District Main Canal:

July 31, 1888, for an amount of water diverted from the Pecos River not to exceed an annual amount of 101,283 acre feet; and

April 10, 1915, for an amount of water diverted from the Pecos River not to exceed an annual amount of 22,625 acre feet; and

June 24, 1919, for an amount of water diverted from the Pecos River not to exceed an annual amount of 1,292 acre feet.

Each of the above priorities shall be subject to such superior rights of the Fort Sumner Irrigation District and the Storrie Project Water Users Association described in and established by the Final Decree in United States of America v. Hope Community Ditch, U.S. District Court Cause No. 712 Equity (1933), in addition to being subject to all other water rights having senior priority dates.

2.         Amounts of Water for surface water only, for Black River Canal surface water, and for surface water with supplemental groundwater combined:

Consumptive irrigation requirement: not to exceed 2.218 acre feet per water right acre per annum; and

Farm delivery requirement: not to exceed 3.697 acre feet per water right acre per annum delivered at the farm headgate; and

Project diversion requirement: not to exceed 4.997 acre feet per water right acre per annum.

C.        The following diversion, delivery, and apportionment requirements apply to every adjudicated surface water right in the CID:

1.         Project Diversion Requirement and storage rights of the U.S. and delivery rights of the CID:

The Project Diversion Requirement, the storage right of the U.S., and the CID’s right to deliver water to its Members have been determined in the Project Phase Decree entered in the Project (Offer) Phase of these proceedings.  The rights held by the U.S. and the CID are for the benefit of CID Members.  Each individual CID Member's surface water right shall be limited by the diversion, storage, and delivery rights held by the U.S. and the CID and are subject to applicable state and federal law.

2.         Diversion, delivery, and apportionment of Carlsbad Project Water among CID Members:

Carlsbad Project Water shall be diverted, delivered, and apportioned by the CID among its Members in accordance with applicable federal and state law and rules and regulations, the provisions of contracts between the CID and its Members, and the Project Phase Decree.

D.        The following conditions apply to every adjudicated surface water right in the CID:

1.         Project Phase Decree

The priority dates and amounts of water for the irrigation water requirements set forth in Paragraph B of Appendix B are established by the Project Phase Decree and may not be challenged or objected to during inter se.

2.         Inter se proceedings.

The only elements of the water rights summarized in Appendix D subject to challenge or objection during inter se are those that were not determined by the Project Phase Decree.  Only Defendants having an adjudicated water right in the CID, or their successors in interest, may assert any such challenges or objections.  Successors in interest to an individual subfile Defendant must request substitution of parties pursuant to Rule 1-025(c) NMRA, in order to participate in inter se proceedings.  There will be subsequent inter se proceedings for other sections of the Pecos River Stream System.  After all sections of the Pecos River Stream System are adjudicated and a final inter se proceeding for the entire Pecos River Stream System is complete, the Court will enter a final decree adjudicating the water rights of all defendants in the Pecos River Stream System.

3.         Subfile Orders are binding on Defendants and their heirs, successors, representatives, and assigns.

Each Subfile Order is binding on the Defendants named therein, and Defendants’ heirs, successors, representatives, and assigns.  The Defendants agree to notify such heirs, successors, representatives, or assigns of the Subfile Order.  The State may seek to enjoin Defendants and heirs of Defendants, successors, representatives, and assigns, from any diversion or use of the waters of the Pecos River Stream System, except in strict accordance with the rights set forth in the Subfile Order and any other orders entered by the Court.