Middle Rio Grande Regional Water Plan

provided for another review procedure for the decisions of acequia commissioners by enacting
Section 73–2–21(E).
The Owners second assertion was that the deferential standard of review in Section 73-2-21(E)
violated the equal protection clause of Article II, Section 18 of the New Mexico Constitution.
The Owners argued that their equal protection guarantees were violated because water rights
transfers out of acequias were treated differently than other water rights transfers. The court
again disagreed, finding that although other determinations of water rights are afforded a de novo
hearing in the district court, since the Owners still had access to the courts and the right of
appeal, there were no equal protection violations.
4.1.1.11 Water Conservation
Guidelines for drafting and implementing water conservation plans are set forth in NMSA 1978,
Section 72-14-3.2 (2003). By statute, neither the Water Trust Board nor the New Mexico
Finance Authority may accept an application from a covered entity (defined as municipalities,
counties, and any other entities that supply at least 500 acre-feet per annum of water to its
customers, but excluding tribes and pueblos) for financial assistance to construct any water
diversion, storage, conveyance, water treatment, or wastewater treatment facility unless the
entity includes a copy of its water conservation plan.
The water conservation statute primarily supplies guidance to covered entities, as opposed to
mandating any particular action. For example, the statute provides that the covered entity
determines the manner in which it will develop, adopt, and implement a water conservation plan.
The statute further states that a covered entity “shall consider” either adopting ordinances or
codes to encourage conservation, or otherwise “shall consider” incentives to encourage voluntary
compliance with conservation guidelines. The statute then states that covered entities “shall
consider, and incorporate in its plan if appropriate, . . . a variety of conservation measures,”
including, in part, water-efficient fixtures and appliances, water reuse, leak repairs, and water
rate structures encouraging efficiency and reuse. Section 72-14-3.2(D). Also, pursuant to NMSA
1978, §§ 72-5-28(G) (2002) and 72-12-8(D) (2002), when water rights are placed in a State
Engineer-approved water conservation program, periods of nonuse of the rights covered in the
plan do not count toward the four-year forfeiture period.
4.1.1.12 Municipal Condemnation
NMSA 1978, Section 3-27-2 (2009) was amended in 2009 to prohibit municipalities from
condemning water sources used by, water stored for use by, or water rights owned or served by
an acequia, community ditch, irrigation district, conservancy district, or political subdivision of
the state.
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