Water Banking

1. Article 10.  Water Banking

Section 1: Purpose: 

The Des Montes Ditch Association hereby forms a Water Bank under its powers as a political subdivision of the State of New Mexico, and under Section 73-2-55.1 NMSA 1978 (2003).  The purpose of the Water Bank is to promote conservation and beneficial use of Acequia water through a locally managed system of temporarily reallocating water for beneficial use within the area served by the Acequia.  The Water Bank will also allow for water rights owners who are temporarily not using some of all of their water rights to benefit by protecting those rights from loss for non-use.

Section 2: Protection from Loss for Non-Use

As provided in section 73-255.1 NMSA (2003), water rights deposited in the Water Bank are not subject to loss for non-use during the time they are placed in the bank.

Section 3: Water Bank Procedures

1. Water Bank Record Keeping

The Commissioners may delegate to the Mayordomo or any officer of the Acequia the responsibility to maintain records on all Water Bank deposits, contact logs, and other information required to  achieve the purposes of the Water Bank. These records shall be maintained permanently in the records of the Acequia.

2.    Depositing Water Rights

Any person or entity owning a water right on the Acequia may submit a water right deposit to the Water Bank. A deposit is made by completing a deposit form prepared by the Acequia (appendix B) and giving the form to the Water Bank’s designated record keeper. The record keeper shall require proof of ownership and extent of the water right being deposited and allowable uses of said water right. The record keeper will use the map and Tract Number of the most recent hydrographic survey. The deposit shall become effective upon signing of the deposit from the designated keeper of the Water Bank records. 

A deposit will be for five years, renewable upon expiration. At the end of the deposit period, the Record Keeper shall notify each depositor by written notice or otherwise that the depositor must contact the Acequia if the depositor desires to withdraw his or her water right from the Water Bank, and that if the depositor does not contact the Acequia to withdraw the water right from the Water Bank, the deposit will be deemed to be renewed for another year. Non-response by the depositor to the notice will be deemed to be consent to the renewal of the notice will be deemed to be consent to renewal of the deposit for another year, if the depositor does not otherwise communicate his or her intentions to the Acequia. 

3. Water Right Reallocation

Temporary reallocation of water rights from the bank shall be done by the Mayordomo, provided that the Mayordomo will apply traditional, accepted methods of managing the reallocation and provided further that the reallocation must be done without change of purpose of use or point of diversion of the water rights, to augment shortfalls of available water for the existing places of use served by the Acequia. Such reallocation does not require Commission Approval.  The water rights may also be reallocated in any other lawful manner which, in the judgment of the Commissioners, will benefit the Acequia, subject to all applicable procedures, rules and laws.  Reallocation of water rights on deposit in any particular year must occur in that year and may not accumulate or carry over to be reallocated in future years.

2. Section 4: Water Bank Dues and Fees

3. Landowners who have made a deposit into the water bank remain responsible for any associated annual ditch fees.  Any associated ditch cleaning labor required or cleaning fees are waived throughout the period of the deposit.