Adjudication and Water Rights

The advent of the 20th Century in New Mexico often saw "progress" run headlong into tradition.

Traditional acequia users have been confronted by major water users such as municipalities and large developers who have sought to tap large amounts of water to provide for their growing needs. This new diversion strains the system, drying up ditches or causing them to slow, perhaps altering an acequia system so that some users are left without water.

No one can argue that the need for a municipality to provide water to its residents is not important, or that the needs of a small farmer growing vegetables for his family should not be considered. But there is only so much water that can be put to good use.

It is for this reason that associations of acequia advocates are formed and that a governmental process called adjudication occurs.

Adjudication attempts to establish "priority rights" for each water users. Those who can prove earliest as well as continual use of the water retain most water rights. Landowners who have opted not to irrigate for some number of years may lose their right to use the water. Together, these unused portions may create an amount of water available to a major new water user.

However, conflicts can arise when the disuse of ditches was caused by earlier developers' diversions, and extensive litigation may be required.

Hopefully, the adjudication process is fair and factually based, and secures the rights of traditional water users as new entities seek to share the water.

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