Nambe Falls Dam - NNM Webnnmprotects.org/docs/FocusActivities/PVID/ProposedRules.pdf · 2015-07-02 · 28 Nambe Falls Dam and Reservoir pursuant to the Federal Reclamation laws. 29

Nambe Falls Dam

Rio Pojoaque

Acequia Madres

Rio Nambe

Pojoaque Valley Irrigation District

Rules and Regulations (Draft)

D Prepared

June 2015

Pojoaque Valley Irrigation District Draft Rules and Regulations

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Preamble 1

The Pojoaque Valley Irrigation District (hereafter referred to PVID) firmly believes that water is the 2

lifeblood of our communities. The District will protect and preserve this valuable community resource 3

so that future generations may have a secure source of good quality water. The District will honor the 4

historical and cultural traditions embodied in our community and member acequias by nurturing the 5

connection between our land, water, and parciantes. To achieve these goals, PVID in cooperation 6

with the Bureau of Reclamation will maintain and operate the Nambe Falls Dam and direct the 7

delivery of water stored in the reservoir to the member acequias. As part of the San Juan-Chama 8

Project, the construction of the Nambe Falls Dam was completed in June 1976. The reservoir of this 9

dam provides over 1,000 acre feet of supplemental irrigation water to over 2, 700 acres of irrigated 10

lands via the acequias located on the Rio Nambe and Rio Pojoaque. 11

12

These Rules and Regulations are intended to inform the PVID water users of the District’s authority, 13

responsibilities, duties, and procedures. 14

15

Article 1 – Purpose and Authority 16

17

A. Purpose – 18

19

1. To deliver irrigation water equitably to all water users in the most efficient manner at the 20

lowest possible cost, consistent with good management, water conservation practices, and 21

the needs of the District’s acequias. All waters distributed shall be apportioned to each 22

parciante pro rata for lands assessed under these Rules and Regulations within PVID. The 23

acequias for each PVID acequia district are shown at Appendix One. 24

25

To fulfill all contractual, legal and/or procedural obligations between the Department of 26

Interior/Bureau of Reclamation and the PVID for the operation and maintenance of the 27

Nambe Falls Dam and Reservoir pursuant to the Federal Reclamation laws. 28

29

B. Authority 30

31

1. Pursuant to NMSA 73-10-3 formerly NMSA 75-23-3 and NMSA 73-11-1 formerly NMSA 75-32

24-1, a petition to organize PVID was submitted to the Santa Fe County Commissioners in 33

September 1969. On April 21, 1970 an election was conducted by Santa Fe County in 34

response to the aforementioned petition and the Pojoaque Valley water users approved by 35

majority vote, the formation of the Pojoaque Valley Irrigation District. 36

37

2. Subsequent to the formation of PVID, Contract 14-06-500-1986, dated October 30, 1972, 38

was executed between PVID and the US Department of Interior/Bureau of Reclamation and 39

a Memorandum of Understanding dated November 2, 1972 was executed between PVID 40

and the Pueblos of Nambe, Pojoaque, and San Ildefonso. 41

42

3. Therefore, the Pojoaque Valley Irrigation District will adhere to 43

i. These Rules and Regulations, 44


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ii. NMSA 1978 73-10 (Irrigation Districts Cooperating with United States Under 45

Reclamation Laws; Formation and Management), 46

47

iii. NMSA 1978 73-11 (Irrigation Districts Cooperating with United States Under 48

Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers), 49

50

iv. NMSA 1978 73-13 (General Provisions Relating to Irrigation Districts), 51

52

v. PVID-Bureau of Reclamation Contract 14-06-500-1986, dated October 30, 1972, 53

54

vi. Federal Reclamation Laws, and 55

56

vii. PVID-Pueblo Memorandum of Understanding dated November 2, 1972. 57

58

4. Where not otherwise covered by these Rules and Regulations, the requirements of state 59

law shall be applicable. These Rules and Regulations are supplemental to any applicable 60

provisions of state law. 61

62

C. Severability - If any provision or provisions of this document shall be determined to be invalid, 63

illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and 64

enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 65

D. Definitions – See Appendix Two. 66

67

E. Publications 68

69

1. All notices required by this act shall be made both in English and Spanish and in every 70

instance the last publication shall be made not less than three days before the time 71

required by such publication for the taking of the action therein mentioned. (NMSA 73-10-4) 72

73

When these Rules and Regulations are approved or amended, PVID shall make the most 74

current version available on the PVID web site and distribute in printed form to all PVID 75

member acequias and the pueblos of Nambe, Pojoaque, and San Ildefonso. 76

2. Each acequia receiving water from the Nambe Falls Dam reservoir shall provide PVID the 77

most current copy of the Bylaws governing the operation of their acequia. 78

79

3. The PVID shall maintain a web site accessible to all PVID water users via the Internet that 80

shall include for viewing all current information or documents regarding PVID operations. 81

82

Article 2 – Board of Directors 83

84

A. Powers 85

86

1. The PVID Board of Directors shall have the power and it shall be their duty and 87

responsibility 88


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89

i. to manage and conduct the affairs and business of the District, 90

91

ii. make and execute all necessary contracts, 92

93

iii. provide all training, equipment, supplies, and clothing for the PVID Water Master 94

to safely and properly perform the Water Master’s duties, 95

96

iv. employ such agents, attorneys, officers and employees as may be required, 97

98

v. establish equitable and reasonable policies and procedures for the distribution 99

and use of water among the District’s acequias, 100

101

vi. to solicit input from the District acequias when developing PVID policies and 102

procedures regarding the scheduling and delivery of water, 103

104

vii. to enter into any obligation or contract for the construction, operation and 105

maintenance of the necessary work for the delivery and distribution of water, and 106

107

viii. perform all such acts, duties, or responsibilities as shall be necessary to comply 108

with these Rules and Regulations, all Bureau of Reclamation regulations relating 109

to the operation of the Nambe Falls Dam, and appropriate provisions of NM 110

statutes. (NMSA 73-10-6) 111

112

2. The PVID Board of Directors shall have power to purchase, hold, use, control, operate, 113

sell, convey, lease and otherwise acquire and deal in lands and water rights, and any 114

and all interests therein, in the name and for the use of the PVID, whenever, in their 115

judgment such action shall be for the benefit of the PVID. (NMSA 73-13-3) 116

117

B. Membership 118

119

1. Pursuant to NMSA 73-10-5c, the PVID Board of Directors shall have five directors 120

consisting of 121

122

i. one director representing each of the three PVID Acequia Districts, 123

124

ii. one At-Large Director, and 125

126

iii. one Pueblo Director to be appointed (November 1972 Memorandum of 127

Understanding between PVID and the Pueblos of Nambe, Pojoaque, and San 128

Ildefonso). 129

130

2. Three directors will represent a quorum. 131

132

3. The term for each director will be four years. (NMSA 73-10-9) 133


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134

C. Qualifications 135

136

1. Each Director shall be 18 years or older and a U.S. citizen with no felony convictions or 137

any outstanding warrants. 138

139

2. Each Director must have paid in full all PVID and acequia assessment or maintenance 140

fees. 141

142

3. Acequia Directors representing a PVID District shall own and be actively involved in 143

using water rights within the Director’s District and shall reside within PVID. See Appendix 144

One for PVID Districts. 145

146

4. The At-Large Director shall 147

148

i. meet the qualifications noted above, 149

150

ii. have some knowledge of acequia or PVID roles and responsibilities, and 151

152

iii. be familiar with New Mexico water laws and statutes. 153

154

5. The Pueblo Director shall be actively receiving irrigation water from the PVID. 155

156

D. Elections 157

158

1. The regular election of PVID shall be held according NMSA 73-10-10 through NMSA 159

73-10-15 on the first Tuesday after the first Monday in December at which PVID 160

Directors shall be elected. (NMSA 73-10-10) 161

162

2. A qualified elector shall be a person owning any property within the PVID, is a parciante 163

of a Member acequia (See Appendix One), and who has paid in full all assessment or 164

maintenance fees for their acequia(s) and PVID. 165

3. The polls shall be opened at 7 o'clock in the morning of the election and be kept open 166

until 7 o'clock p.m. of the same day. It shall be the duty of the clerk of the board of 167

election to forthwith deliver the election results duly to be certified by the PVID of 168

Directors. (NMSA 73-10-12) 169

170

4. A notice specifying the time, date of election, and polling places shall be published once 171

each week for four consecutive weeks prior to the election in a newspaper of general 172

circulation in Santa Fe County. (NMSA 73-10-6) 173

174

5. Thirty days before any election the PVID Secretary shall cause notice specifying the 175

time, date of election, and polling places of each PVID District to be posted at the Santa 176


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Fe County Nambe Community Center, the Santa Fe County El Rancho Community 177

Center, the PVID Administrative Office, and the PVID web site. (NMSA 73-10-11) 178

179

6. In any election of officers of the PVID, a qualified elector shall be entitled to vote by 180

absent ballot. Absent ballots shall be furnished by the PVID Secretary and such ballots 181

shall be in a form prescribed by the PVID Board of Directors. Absent ballots shall be 182

counted, tallied and canvassed as are other ballots. (NMSA 73-10-13) 183

184

7. The PVID board of directors shall meet at its usual place of meeting on the first Monday 185

after election and canvass the returns. (NMSA 73-10-14) A qualified elector shall have 186

one vote per candidate. 187

188

8. The PVID Secretary shall, as soon as the result of any election is declared, enter in the 189

records of PVID and file with the Santa Fe County Clerk a statement of the election 190

results which the statement must show: 191

192

i. A copy of the published notice of election; 193

194

ii. the names of the judges of the election; 195

196

iii. the whole number of votes cast in the PVID and in each acequia District; 197

198

iv. the names of the persons voted for; 199

200

v. the number of votes given in each Acequia District for Director(s); 201

202

vi. the number of votes given in the Acequia District for each of such Director; 203

204

vii. the names of the Directors declared elected; and, 205

206

viii. the result declared on any question submitted in accordance with the 207

majority of the votes cast for or against such question. (NMSA 73-10-15) 208

209

9. In case of a vacancy in the PVID Board of Directors, by death, removal or inability, from 210

any cause, to properly discharge the duties of such director, the vacancy shall be filled 211

by appointment of an affirmative vote of three Board Directors. Upon their failure or 212

inability to act within thirty days after such vacancy occurs and upon submission of a 213

petition of five qualified electors of PVID, the Santa Fe County Commissioners shall fill 214

such vacancy or vacancies. Any director appointed as above provided shall hold his 215

office until the next general election of the PVID and until his successor is elected and 216

qualified. (NMSA 73-10-15) 217

218

E. Meetings 219

220


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1. The PVID shall hold a regular quarterly meeting in their office on the first Tuesday in 221

January, April, July and October, and such special meetings as may be required for 222

the proper transaction of business. All special meetings may be called by the PVID 223

President or a majority of the PVID Directors. All meetings of the board shall be 224

public and the presence of three Board Directors shall constitute a quorum for the 225

transaction of business during the meeting. (NMSA 73-10-17) 226

227

2. All meetings of the PVID shall comply with NMSA 1978, Chapter 10, Article 15 228

(Open Meetings Act). 229

230

3. Announcement of all meetings and agendas shall be available for viewing on the 231

PVID web site. 232

233

4. A written record of all decisions and transactions shall be prepared for all PVID 234

meetings and approved by the Board of Directors at the next PVID meeting. 235

Approved meeting minutes shall be made available on the PVID web site within ten 236

days subsequent to approval. 237

238

5. Roberts Rules of Order shall be followed in conducting any meetings of PVID. 239

240

F. Duties – At the first regular Board meeting each January, the Board of Directors by majority 241

vote, will appoint the following officers. 242

243

a. President – The President will 244

245

i. Have been duly elected, 246

247

ii. direct the activities of the PVID jointly with the other Directors, and 248

249

iii. schedule and conduct all meetings of PVID. 250

251

b. Vice President – The Vice President will 252

253

i. direct the activities of the PVID jointly with the other Directors and 254

255

ii. in the absence of the President, perform the duties of the President. 256

257

c. Secretary- The Secretary will 258

259

i. Maintain a complete and accurate record of all correspondence relating to the 260

operations of the PVID, 261

262

ii. Publish the agenda and record the minutes of all PVID meetings, and 263

264

iii. Assist other Directors with administration of the District 265


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266

d. Treasurer – The Treasurer will 267

268

i. Be responsible for the management of the PVID finances, and 269

270

ii. Enter into a bond to the State of New Mexico conditioned the same as the 271

bonds of county treasurers (NMSA 73-13-30) 272

273

iii. Maintains the District’s financial accounts per NMSA 73-13-34, and 35, 274

275

iv. On July 1st of each year, publish budget indicating the amount funds required 276

to meet the obligations and needs of the district for the ensuing year, together 277

with the additional amount as may be necessary to meet any deficiency in the 278

payment of expenses or obligations previously incurred by the PVID and 279

remaining unpaid. (NMSA 73-11-29) 280

281

v. At the first regular Board in January, publish a report of the PVID finances, 282

283

vi. Supervise the PVID book keeper to properly maintain all PVID financial 284

records, 285

286

vii. Send notices for billing and collection of assessments and fines in 287

coordination with the PVID Secretary, and 288

289

viii. Assist other Directors with administration of the District. 290

G. Compensation 291

292

a. Salary 293

294

i. Each elected Board Director shall receive compensation at the rate of $500 295

per year for attending meetings and their actual and necessary traveling 296

expenses in the discharge of their duties while engaged in official business. 297

(NMSA 73-10-18) 298

299

ii. Each PVID Board Director shall execute an official bond in the sum of three 300

thousand dollars ($3,000) which shall be approved by the Chairperson of the 301

Santa Fe County Commission and recorded with Santa Fe County Clerk. All 302

official bonds shall be in the form prescribed by law for county officials, except 303

that the obligee named in the bond shall be the PVID. The premiums upon 304

the bonds and any bonds required of any other officer of PVID shall be paid 305

by PVID. (NMSA 73-10-10) 306

307

iii. The PVID Water Master and bookkeeper shall receive compensation and 308

benefits to be determined by the PVID Directors. (NMSA 73-10-46) 309


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310

b. Conflict of Interest - No PVID Board Director shall in any manner, be interested, directly 311

or indirectly, in any contract awarded or to be awarded by PVID, or in the profits to be 312

derived therefrom; nor shall receive any bonus, gratuity or bribe, and for any violation of 313

this provision such Director shall be deemed guilty of a felony, and such conviction shall 314

work a forfeiture of his office, and he shall be punished by a fine not exceeding five 315

hundred dollars ($500), or by imprisonment in the penitentiary not exceeding five 316

years.(NMSA 73-10-18) 317

318

Article 3 – Financial 319

320

A. Assessment Fees and Taxes. 321

322

1. On October 1 of each year, all PVID Member Acequias shall provide the PVID a 323

listing of all acequia parciantes eligible to receive water from the acequia. This 324

listing shall include parciante’ s name, mailing address, water right(s) or subfile if 325

available, and amount of irrigated acreage. (NMSA 73-11-29) 326

327

2. PVID shall assign a PVID assessment fee or charge and collect the same of all 328

persons using PVID water for irrigation. (NMSA 73-11-28) 329

330

3. On or before the first day of November of each year, the PVID Treasurer shall 331

prepare the assessment roll of PVID that will show the name(s) of property owner(s), 332

a description and amount of irrigated acreage of each tract of land owned by the 333

acequia parciante, and the PVID assessment fee due from each tract of land. Said 334

assessment roll shall be kept at the office of the district and the assessments and 335

taxes shall be payable at the PVID office. (NMSA 73-13-31) 336

337

B. Reserve Fund - The District shall accumulate maintain a reserve fund of $16,000 which will 338

be available for use in meeting major unforeseen extraordinary costs of operation and 339

maintenance, repair, betterment and replacement of unit works and for the operation and 340

maintenance during periods of special stress such as drought, storms, or other like 341

emergencies. (Article 11, Contract 14-06-500-1986) 342

343

C. Issuance of Bonds - The PVID Board may sell bonds from time to time in such quantities as 344

may be necessary and most advantageous to raise the money for the construction, repair 345

or purchase of canals, reservoir sites, reservoirs, water rights and works, and otherwise to 346

fully carry out the objects and purposes of the PVID according NMSA 73-11. (NMSA 73-11-347

2) 348

349

D. Annual Report 350

351

1. The PVID Directors at the first regular meeting of each year, shall render, and 352

immediately thereafter cause to be published a verified statement of the financial 353

condition of the district for the preceding year, together with a statement of 354


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expenditures by the United States under any contract the district has entered into 355

with the United States, or other construction contracts, such statement or statements 356

to show status of administration expenses, operation and maintenance costs and 357

construction costs, in a manner reasonably clear to the general public. (NMSA 73-358

11-50) 359

360

2. Once approved by the PVID Board, each Annual Report will be made available for 361

viewing on the PVID web site. 362

363

Article 4 – Water Transfers and Banking 364

365

A. Transfers 366

367

1. Whenever water rights shall be transferred, under the provisions of NMSA 73-13-3, 368

73-13-4, 73-13-6, or 73-13-7 from lands which are subject to any assessment for the 369

payment of any outstanding bonds or other obligations of the PVID, the lands to 370

which such water rights are transferred shall be subject to the same assessment or 371

assessments from the date of such transfer. Such lands shall also be charged, from 372

the date of transfer with assessments levied for the maintenance of the irrigation 373

system or systems of PVID, and for the general expenses of the PVID, in the same 374

proportion as other lands in the PVID. (NMSA 73-13-6) 375

376

2. Prior to submitting any application or permits to the New Mexico Office of State 377

Engineer for any transfer or change in diversion of water rights by any parciante 378

within PVID, the application shall be reviewed and approved by an affirmative vote of 379

three PVID Directors. The request may be denied, in whole or in part, if the PVID 380

Board finds it would be detrimental to PVID or its members. The application may 381

also be conditionally approved, with conditions that address potential detriments to 382

PVID or its members. The burden is on the applicant to prove that the proposed 383

transfer will not have a detrimental impact. (NMSA 73-13-3) 384

385

B. Water Banking - The procedures described in the Bylaws for each member acequia shall 386

be followed by the acequia parciante for water banking. 387

388

Article 5 – Water Conveyance and Enforcement 389

390

A. Nambe Falls Dam Responsibilities - The PVID shall be responsibility for maintaining and 391

operating the Nambe Falls Dam and associated reservoir according to the Bureau of 392

Reclamation’s (BOR) Contract 14-06-500-1986, BOR Standard Operating Procedures for 393

said Dam and the September 2014 Bureau of Reclamation Nambe Falls Dam Emergency 394

Action Plan. 395

396

B. Water Master Rules - See Appendix Three. 397

398


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C. Enforcement 399

400

1. No waters shall be delivered from the irrigation system of PVlD or from its canals or 401

reservoirs or purchased from any other district, person or corporation to any land for 402

irrigation thereof or for irrigation use thereon so long as any fee or taxes assessed 403

and levied for District purposes against such land or any interest, cost or penalties 404

accrued thereon are due, delinquent and unpaid. (NMSA 73-10-16) 405

406

2. Should the PVID fail to levy and collect the required taxes, assessments fee, or 407

other charges because PVID is prevented from collecting such assessments or other 408

charges due to any judicial proceedings, or otherwise fail to collect them, no such 409

water user shall be entitled to the use of the unit works while said default continues. 410

(Article 25, Contract 14-06-500-1986) 411

412

3. In the event the available volume of water in any canal, reservoir or other works in 413

PVID shall not be sufficient to supply the continual need of the entire district during 414

times of emergency and/or drought, the PVlD Directors will represent the PVID for 415

the purpose of directing the cooperation among the member acequias in order to 416

determine the most effective and equitable manner of allocating water to all of the 417

acequias. (NMSA 73-10-24) 418

419

4. When annual assessment fee issued by PVID becomes past due or delinquent, the 420

unpaid balance shall bear interest at the rate of one-half (1/2%) percent per month 421

until paid. (NMSA 73-11-39) 422

423

5. If the PVID Directors decide to declare forfeited the water rights on the lands within 424

the district for which the charges are delinquent, a notice shall be first given to the 425

acequia parciante, the acequia commission of the parciante, and owner and at the 426

address shown by the PVID records. The notice shall be sent by registered and 427

certified mail and allow the owner thirty days from the date that such notice is 428

received within which time to correct such delinquency by paying the assessments 429

and charges, with accrued interest. The same notice shall further provide that the 430

landowner, within said thirty-day period, may, instead of making payment of the 431

assessments and charges, file a written notice of protest with the board of directors 432

stating why such assessment and charges are not owed. Unless payment is so 433

made or the notice of protest so filed within said period of time, then the PVID 434

Directors may declare the water rights on such land forfeited. In the event that a 435

protest is filed within said period of time, a hearing shall be held before the PVID 436

Board of Directors and if such protest is thereafter denied, then the delinquent 437

assessment and charges shall be forthwith paid or the water rights forfeited. Any 438

forfeited water rights will be subject to further appropriation for use on other lands 439

within the PVID in accordance with rules adopted by the PVID Board of Directors. 440

(NMSA 73-11-48) 441

442


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6. Obligations and evidence of debt issued by PVID shall be a first lien on the income 443

and property except for outstanding bonds and lien obligations recorded with the 444

Santa Fe County Clerk as of prior date and recording of the loan or loans hereunder. 445

(NMSA 73-13-14) 446

447

7. Protection of Unit Water Supply – In case a dispute arises as to the character, 448

extent, priority. or validity of the right of the United States or the District to use or 449

permit use of Nambe Falls Dam reservoir water claimed for the District, the District 450

shall promptly bring and diligently prosecute or defend judicial proceedings for the 451

determination of such dispute and shall take all measures necessary towards the 452

defense and protection of the water supply. (Article 18a, Contract 14-06-500-1986) 453

454

Article 6 - Contracts, Indemnification, and Related Matters 455

456

457

A. Contracts 458

459

1. No contract involving a consideration exceeding ten thousand dollars ($10,000) and 460

no contract for the purchase, rental or delivery involving annual charges or payments 461

exceeding fifteen thousand dollars [($15,000)] per annum shall be binding unless 462

such contract shall be authorized and ratified in writing by not less than a majority of 463

the qualified electors of PVID according to the number of votes cast at the last 464

preceding PVID election; nor shall any contract involving payment in excess of 465

twenty-five thousand dollars ($25,000) in anyone year be binding until such contract 466

shall have been authorized and ratified at an election held in the manner provided 467

for the issue of bonds as cited in NMSA 73-11-1. 468

469


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Appendix One 470

471

PVID Districts With Acres 472

473 474 District One (Acequia(s) Madre de Nambe) 475 Acequia Nueva – 186.13 acres (a.k.a Acequia Llano Frio) 476 Acequia del Llano – 91.56 acres 477 Acequia de la Comunidad – 221.37 acres 478 Acequia de los Ortizes – 143.86 acres 479 Acequia del Molina (a.k.a. Old Bernardino Ditch) – 1.54 acres 480 Acequia de los Gardunos – 19.14 acres 481 Acequia de Juan Sena – 5.68 acres 482 Acequia de Jose G. Ortiz (a.k.a. Acequia Gabriel Ortiz) – 17.06 483 484 Acequia(s) Madre de Nambe Total Acres - 683.34 (24%) 485 486 District Two (Acequia(s) Madre de Pojoaque-Cuyamunge) 487 Acequia del Cano – 185.61 acres 488 Acequia del Rincon – 152.95 acres 489 Acequia de las Joyas – 192.26 acres 490 Acequia del Ancon (de Pojoaque) – 12.14 acres 491 Acequia de los Trujillos – 81.73 acres 492 Acequia Barranco Alto – 90.97 acres 493 Acequia Larga – 140.53 acres 494 495 Acequia(s) Madre de Pojoaque-Cuyamunge Total Acres - 856.19 (27%) 496 497 District Three (Acequia(s) Madre de El Rancho) 498 Acequia de Jacona – 32.05 acres 499 Acequia Barranco – 102.06 acres 500 Acequia Otra Vanda – 194.95 acres 501 Acequia del Rancho – 66.48 acres 502 Acequia de los Indios – 91.97 acres 503 Acequia del Rio – 12.99 acres 504 Acequia del Medio – 10.22 acres 505 Acequia del Medio Ortiz laterals 506 Acequia del Medio Montoya lateral 507 Acequia del Medio Ojita lateral 508 Acequia del Alamo 509 510 Acequia(s) Madre de El Rancho Total Acres - 510.72 (17%) 511 512 District Four (At-Large Director) 513 514 District Five (Pueblo Director) - Nambe (398 acres – 13%), Pojoaque (48 acres – 2% ), and San Ildefonso (493 acres – 17%) Pueblos 515 516 PVID Total Acres - 2,989.25 517


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Appendix Two 518

519

Definitions 520

521

Acequia - a physical ditch through which water flows during its conveyance to irrigated land. An 522

acequia madre consist of a main ditch that is diverted from a stream or river by means of a small dam 523

or headgate (presa or atarque) that provides water to more than one parciante. 524

525

Acre – An acre of land represents 43,560 square feet or a square parcel of land 208 by 208 feet. 526

527

Acre-foot – 325,851 gallons or enough water to cover an acre of land 1 foot deep. An average 528

household uses between one-half and one acre-foot of water per year. 529

530

Adjudicate – To determine rights by a lawsuit in court. 531

532

Agricultural use - The use of surface or ground water for cultivating the soil and growing crops or 533

irrigating pasture for livestock grazing. 534

535

Appropriative right – A right based on physical control of water. 536

537

Aquifer – A geologic formation that stores, transmits and yields significant quantities of water to wells 538

and springs. 539

540

PVID Assessment – To charge a person or property with a tax or other special payment for 541

1. irrigation water and its delivery, 542

2. the purpose of defraying the operating expenses of PVID, 543

3. the care, operation, management, repair and improvement of all canals, ditches, dams, 544

reservoirs and works, and 545

4. the salaries of officers and employees. 546

547

Bookkeeper - The person who records the financial transactions of PVID to include all purchases, 548

sales, receipts, and payments. The bookkeeper is responsible for ensuring all transactions are 549

correctly recorded in the District’s account ledgers. The PVID bookkeeper shall have a nationally 550

recognized certification for bookkeepers (e.g., National Association of Certified Public Bookkeepers, 551

American Institute of Professional Bookkeepers, National Bookkeepers Association). 552

553

Canal – Waterway with a great water carrying capacity of 125-plus cubic feet per second. 554

555

Check–Water control structure used in a channel or waterway to purposely restrict water flow to 556

provide adequate pressure to push water through the turnout, which is responsible for the delivery of 557

water to adjacent lands. 558

559

Conjunctive use – The planned use and storage of surface and groundwater supplies to improve 560

water supply reliability. 561

562


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Consumptive use – The amount of water that is consumed and lost to the stream system while 563

applying water to a beneficial use. 564

565

Cubic foot of water – A cubic foot of water is the quantity of water contained in a 1-foot cube, which is 566

7.46 gallons. 567

568

Culvert – Conveyance structure that provides a means for the water to pass under a road or water 569

way. A culvert can be built out of corrugated metal pipe (CMP), precast concrete pipe, or free flow 570

box culverts specifically made for the culvert. 571

572

Discharge – The volume of water passing a particular point in a unit of time. Units of discharge 573

commonly used include cubic feet per second (cfs) or gallons per minute (gpm). 574

575

Diversion – Removing water from its natural course or location, or controlling water in its natural 576

course or location, by means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit, well, pump 577

or other structure or device. 578

579

Drain – A manmade drainage structure that carries irrigation seepage and tailwater to the river or a 580

natural wash. 581

582

Flume–A devise used to measure the flow of water in an open channel (canal or ditch). Consists of 583

three main components: a converging inlet section, a straight throat section and a diverging outlet 584

section. 585

586

Groundwater–Waters in groundwater basins (aquifers), underground streams and underground flow 587

of a surface stream. 588

589

Headgate–A device used to control water diversions from a acequia or stream. 590

591

Irrigation–The application of water to crops, lawns or gardens by artificial means to supplement 592

natural precipitation. Water can be applied by flood, sprinkling or dripping. 593

594

Lateral (sangrias) –A ditch or pipeline that delivers irrigation water from a stream, river or canal to 595

water user(s) or irrigated land owned by a parciante. 596

597

Litigate–To bring a dispute or claim before a court of law for decision or settlement. 598

599

Mayordomo – complies with bylaws of his/hers acequia to include supervising the distribution of water 600

to parciantes, organizing the annual spring cleaning (limpia), directing all repairs and maintenance to 601

the ditch infrastructure, safeguarding against waste and inappropriate water use, and settling disputes 602

between parciantes. 603

604

Member Acequia – An acequia that receives water via the Rio Nambe and Rio Pojoaque that is 605

allocated and managed by Pojoaque Valley Irrigation District from water kept in the Nambe Falls Dam 606

Reservoir. 607


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608

Parciante - A member or shareholder of a PVID member acequia, responsible for a share of acequia 609

maintenance proportionate to the amount of irrigated acreage owned by the parciante. 610

611

Reasonable and beneficial use–A state constitutional requirement that all water resources must be 612

put to beneficial use, preventing waste or unreasonable use or unreasonable method of use. 613

Beneficial use is applying water to a useful purpose in an efficient and responsible manner without 614

being wasteful. Beneficial uses include domestic, agricultural, industrial, municipal, recreational and 615

minimal stream flows filed by the state. 616

617

Reservoir – A pond, lake or basin, either natural or artificial, in which water is stored or controlled. 618

619

Return flow – Water that finds its way back to its source of supply. 620

621

Right – A claim or title to anything that is enforceable by law, such as a right to use water. 622

623

Runoff – Precipitation that flows to and in surface streams; renewable water. 624

625

State engineer–The New Mexico Office of the State Engineer (OSE) is charged by state law with the 626

supervision and administration of water and the enforcement of decreed priority and legislative 627

enactments. 628

629

Transfer - Any type of change or modification whatsoever into the point of diversion, and/or place of 630

use and/or purpose of use of a water right, including but not limited to any type of temporary transfer, 631

partial transfer, transfer to a supplemental supply of water, emergency transfer, or a water-use lease. 632

633

Water banking - To promote conservation and beneficial use of acequia water by temporarily 634

reallocating water for beneficial use within the area served by an acequia. 635

636

Water right–The right to use water for a given beneficial purpose with a specific use and priority. 637

638

Watershed–An area that, because of topographic slope, contributes water to a specified surface 639

water drainage system, such as a stream or river. 640

641

Well permit–The granting of permission by the NM OSE to allow the digging of a hole in search of 642

groundwater to apply to a beneficial use. 643

644


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Appendix Three 645

Water Master Rules 646

647

The use of water delivered to PVID acequias from the Rio Nambe or Rio Pojoaque shall be deemed 648

and construed to begin at the time the water reaches the headgate/presa of PVID acequia. 649

650

The commissioners and mayordomo of each PVID acequia shall be held responsible for the proper 651

conveyance of water through their acequia to include proper use of such water and shall take 652

precaution against waste of water supplied to their acequia. 653

654

Each PVID acequia shall be responsible for the maintenance and repair of their headgate/presa/dam 655

that diverts water from the Rio Nambe or Rio Pojoaque to their acequia. 656

657

The PVID Water Master shall 658

659

a. Directly report to the President of the PVID and shall inform the same of any violations 660

of District policy. 661

662

b. Be responsible to perform his/her duties independently, professionally and diligently. 663

664

c. Enforce the PVID’s policies or procedures as they pertain to regulating the flows in the 665

District’s canals, acequias and laterals and making deliveries of water to the users or 666

group of users as efficiently as possible. 667

668

d. Advise the PVID Directors regarding facilities needing rehabilitation, repair, or 669

maintenance 670

671

e. Have the authority to enter private or public lands 672

673

i. to inspect, monitor and maintain all measuring facilities, 674

675

ii. to operate, close, or lock headgates 676

677

iii. to effect administration and to implement the terms and conditions of PVID Rules 678

and Regulations. 679

680

f. Ensure compliance with applicable NM Office of the State Enginer (OSE) policies, OSE 681

water master instructions, or any applicable court orders. 682

683

g. Be responsible to implement the PVID policy for control, scheduling and delivery of 684

irrigation water to the headgate/presa of each PVID acequia. 685

686

h. Have full authority to close any individual presa/headgate along the Rio Nambe or Rio 687

Pojoaque to enforce to PVID policies or procedures. 688

689


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i. Be required to participate in and attend the PVID’s meetings 690

691

j. Inform the PVID and/or appropriate New Mexico Office of the State Engineer (OSE) 692

representative of any leaks or seepage through canal banks, inoperable gaging station 693

maintained by the OSE, illegal trash dumping, rodent infestation, noxious weeds, debris 694

in system, trespassing, illegal activity, damage to structures, encroachments of right-of-695

ways, or any other problems that may be creating a difficulty for providing efficient water 696

delivery and enforcement of PVID policy. 697

698

k. Demonstrate proficiency in basic hydraulic concepts, agricultural practices, river, and 699

canal operations. 700

701

l. Report and complete the proper documentation for acequia breaks or overflows to the 702

PVID. 703

704

m. Not contractual or financial obligate the PVID in any manner. 705

706

n. Inform the PVID of any observed changes in land use. 707

708

o. When instructed by the PVID President, not allow deliver of water to an acequia. 709

710

p. Perform any and all other duties as assigned by the PVID. 711

712

q. Perform shift work as may be required. The work is performed primarily outdoors and 713

will involve discomforts from outside elements, i.e. wind, dust, rain, cold weather, 714

slippery and icy ditch/acequia banks. 715

716

r. Comply with all safety requirements and wear PVID issued safety equipment as 717

necessary. 718

719

s. Be available 24 hours 7 days a week (24/7) to fulfill the responsibilities noted herein and 720

address emergencies. 721

Documents

Nambe Falls Dam - NNM Webnnmprotects.org/docs/FocusActivities/PVID/ProposedRules.pdf · 2015-07-02 · 28 Nambe Falls Dam and Reservoir pursuant to the Federal Reclamation laws. 29