New Mexico Register / Volume XXXVII,
Issue 5 / March 10, 2026
TITLE 19 NATURAL RESOURCES
AND WILDLIFE
CHAPTER 25 ADMINISTRATION AND USE OF
WATER - GENERAL PROVISIONS
PART 16 REGIONAL WATER
SECURITY PLANNING
19.25.16.1 ISSUING AGENCY: New Mexico Interstate Stream Commission,
hereinafter the commission.
[19.25.16.1 NMAC - N, 4/9/2026]
19.25.16.2 SCOPE: Subject to available funding, this rule
implements the provisions of the Water Security Planning Act, Section 72-14A-1
NMSA 1978, and sets forth the processes and criteria for convening and
establishing regional water security planning councils and developing and
maintaining regional water security plans.
[19.25.16.2 NMAC - N, 4/9/2026]
19.25.16.3 STATUTORY AUTHORITY: Section 72-14A-1, et seq. NMSA 1978.
[19.25.16.3 NMAC - N, 4/9/2026]
19.25.16.4 DURATION: Permanent.
[19.25.16.4 NMAC
- N, 4/9/2026]
19.25.16.5 EFFECTIVE DATE: April 9, 2026, unless a later date is
cited at the end of a section.
[19.25.16.5 NMAC - N, 4/9/2026]
19.25.16.6 OBJECTIVE: The objective of this rule is to establish a
framework for regional water security planning councils to develop, maintain,
and aid in implementation and tracking of regional water security plans. This framework will be grounded in regional
values, scientific consensus, and New Mexico water law. The processes outlined in this rule are
intended to: ensure that the plans will be based on the best available science,
data, and models regarding available water supplies, use, and trends; provide
transparency and opportunities for meaningful input and participation by the
public, political subdivisions of the state, and Nations, Pueblos, and Tribes
within each regional water security planning region; acknowledge the
sovereignty, water rights, and water needs of tribal communities; consider
public welfare and the needs of future generations of New Mexicans; align with
state and federal laws; and identify and prioritize projects, programs, and
policies that will help to ensure water security into the future. Nothing in this rule supersedes or violates
state water law regarding the role and authority of the state engineer or the
doctrine of prior appropriation.
Furthermore, nothing in this rule permits the condemnation of water
rights, or determines, abridges or affects in any way the water rights of water
right owners in the state, including water rights of Nations, Pueblos, and
Tribes.
19.25.16.7 DEFINITIONS:
A. “Commission" means the New
Mexico interstate stream commission and its nine appointed members, authorized
under Section 72-14-1 NMSA 1978.
B. “Initial planning period” means the time period
from the establishment of each council to the approval of its first regional
water security plan by the commission.
C. “NMISC staff” means the employees of
the New Mexico interstate stream commission.
D. “Ongoing planning period”
means any time period following the initial planning period for each
council. The ongoing planning period
begins once an initial regional water security plan is approved by the
commission.
E. “Projects, programs, and policies”
or “PPPs” or “PPP” means identified strategies and alternatives, including
infrastructure projects, conservation programs, watershed or groundwater
management policies, and other types of initiatives that will promote regional
water security and are identified in the plans and PPP lists.
F. “Regional water security plan”
or “plan” means a plan produced by a council, that meets the requirements
described herein and is approved by the commission.
G. “Regional water security planning
council” or “council” means the members described herein who lead regional
water security plan development, and aid in and track implementation of the
plan in their respective region.
H. “Regional water security planning
region” or “planning region” or “region” means an area of the state
described herein that is the planning area for each regional water security
planning council.
I. “Region-specific stakeholder”
means a member of the public who is not a member of a council but has
identified themselves to NMISC staff or a council as interested in engaging in
the planning process for a specific region.
J. “Water utility authority”
means a water utility authority established through or under New Mexico law.
[19.25.16.7 NMAC - N, 4/9/2026]
19.25.16.8 WATER SECURITY TRIBAL ADVISORY
COUNCIL:
A. NMISC staff shall provide
administrative support and facilitation, in coordination with the office of the
state engineer and Indian affairs department, for the establishment and
operation of a water security tribal advisory council (“WSTAC”) comprising representatives
of New Mexico Nations, Pueblos, and Tribes.
B. The purpose of the WSTAC is to
provide a forum for input from New Mexico Nations, Pueblos, and Tribes to
ensure that their sovereignty, water rights, water needs, and viewpoints are
considered and incorporated in regional water security planning and other
related activities as determined by the commission.
C. The participating Nations, Pueblos,
and Tribes shall determine their own procedures and principles for the
operation of WSTAC.
[19.25.16.8 NMAC - N, 4/9/2026]
19.25.16.9 REGIONAL
WATER SECURITY PLANNING REGIONS:
A. The nine regional water security
planning regions are shown in exhibit A, water security planning regions (map).
https://www.ose.nm.gov/Planning/.
B. The commission shall adopt
guidelines that, at a minimum, describe the process for how regions may form
sub-regions, how sub-regions will be integrated into the regional water
security plan, and the procedure for appeal to the commission if a council denies
a request to form a sub-region. Councils
shall not deny a request to create a sub-region based on Indian water rights
settlement boundaries.
C. If
a council or councils determine that a sub-region may be beneficial for regional
water security planning, the council shall request commission approval to establish
a sub-region within a planning region or across multiple planning regions. In determining whether to approve a proposed
sub-region, the commission shall use the following criteria:
(1) the basis for the sub-region, such as
reliance on the same water source(s), existing water planning organizations, or
current or future water rights adjudication or Indian water rights settlement
boundaries, or otherwise, and the
circumstances that make the proposed sub-region distinct from the region;
(2) the population and capacity within
the proposed sub-region to engage in a transparent and inclusive planning
process for the proposed sub-region;
(3) the impact of the proposed sub-region
on the ability of the remainder of the region to engage in a transparent and
inclusive planning process;
(4) the support from the associated
council(s) for the proposed sub-region;
(5) the process for how the work of the
proposed sub-region will be integrated with the regional water security plan(s)
of associated region(s), including the prioritization of projects, programs,
and policies; and
(6) the potential for the proposed
sub-region to enable more effective input into the regional water security
program of tribal water concerns and the needs of tribal communities.
[19.25.16.9 NMAC - N, 4/9/2026]
19.25.16.10 INITIAL PLANNING
PERIOD: During the initial planning
period:
A. Responsibilities
of NMISC staff include:
(1) inviting governmental entities
identified in Paragraph (1) of Subsection A of 19.25.16.12, NMAC to select
their representatives, and convening a meeting of these representative members.
(2) assisting representative members in
the invitation of at-large members, identified in Paragraph (2) of Subsection A
of 19.25.16.12, NMAC, and non-voting members, identified in Paragraph (3) of
Subsection A of 19.25.16.12, NMAC.
(3) acting as the commission’s liaison to
the councils for the purpose of ensuring the coordination of commission
information, policies, and resources.
Subject to adequate funding and resources, NMISC staff assigned to these
tasks shall be located at an office of the state engineer district office
within or near the region.
(4) providing administrative support and
facilitation for at least four meetings of each council per calendar year.
(6) developing and maintaining lists of
region-specific stakeholders and notifying stakeholders of opportunities to
engage in the planning process.
B. Responsibilities of the council
include:
(1) once convened by the NMISC staff, the
representative members shall invite, with NMISC staff support, and select
at-large members as identified in Paragraph (2) of Subsection A of 19.25.16.12
NMAC. NMISC staff shall review
membership and confirm compliance with Paragraph (2) of Subsection A of
19.25.16.12 NMAC.
(2) the representative members and the
at-large members shall invite, with NMISC staff support, and select non-voting
members as identified in Paragraph (3) of Subsection A of 19.25.16.12 NMAC.
(3) once the council has been formed
through the convening, inviting, and selection of representative members,
at-large members, and non-voting members, the council shall adopt and provide
NMISC staff written operating principles that, at a minimum, describe the
following:
(a) the roles and responsibilities of the
council’s voting and non-voting members;
(b) the duration(s) of the term(s) for
council members, if any;
(c) the potential roles of committees,
including a steering committee, sub-committees or work groups, if relevant;
(d) the grounds and process for removing
a member from the council;
(e) the decision-making process to be
used by the council to make planning recommendations and prioritize projects,
programs, and policies; and
(f) the process for integration and
engagement with commission approved sub-regions, if relevant.
C. Councils may choose to self-convene
provided the composition set forth in 19.25.16.12 NMAC is adhered to and
confirmed by NMISC staff.
[19.25.16.10 NMAC - N, 4/9/2026]
19.25.16.11 ONGOING PLANNING
PERIOD: During the ongoing planning
period:
A. Responsibilities of NMISC staff
include:
(1) reviewing and confirming compliance
with Subsection A of 19.25.16.12 NMAC for representation of representative and
at-large members, when council vacancies are filled.
(2) providing administrative support and
facilitation for at least two meetings of the council per calendar year during
periods when the council is not in the process of updating a plan and providing
at least four meetings of the council per calendar year when the council is in
the process of updating a plan.
(4) publishing all regional water
security plans developed by councils and approved by the commission.
B. Responsibilities of the council
include:
(1) filling vacancies on the council
pursuant to Subsection A of 19.25.16.12 NMAC;
(2) preparing proposed regional water security
plans and presenting proposed plans to the commission for approval;
(3) preparing proposed updates to
regional water security plans and presenting proposed updates to the commission
for approval;
(4) reviewing the operating principles
for the council and making changes consistent with Paragraph (3) of Subsection
B of 19.25.16.10 NMAC if needed;
(5) aiding in and
tracking plan implementation, including outcomes;
(6) developing, reviewing, and updating PPP lists;
(7) developing and
maintaining region-specific lists of stakeholders and providing information to
stakeholders about opportunities to engage in the planning process. The council may request NMISC staff support
to carry out these responsibilities.
C. Councils shall report to the
commission by June 30 of each year on the progress of planning activities,
status of plan implementation, and outcomes.
D. During the ongoing planning period,
councils shall update plans at least once every 10 years. Councils shall review
and update PPP lists at least once every five years.
[19.25.16.11 NMAC - N, 4/9/2026]
19.25.16.12 COMPOSITION OF REGIONAL
WATER SECURITY PLANNING COUNCILS:
A. Councils shall comprise three
categories of members: representative members, at-large members and non-voting
members. Representative members and
at-large members shall be voting members of a council. If a qualified or willing representative
member, as described in Paragraph (1) of Subsection A of 19.25.16.12 NMAC or
at-large member, as described in Paragraph (2) of Subsection A of 19.25.16.12
NMAC cannot be identified by the council, the council may propose or NMISC
staff may select a replacement non-voting member who is knowledgeable about
water resources in the region.
(1) Representative members: Each governmental entity listed below, if
present within the region, is entitled to have a representative serve on the
council for any planning region within which it is located. A single representative may represent
multiple governmental entities. In the
event that a governmental entity is located in multiple regional water security
planning regions, the governing body may appoint the same or different
representatives to each council. Each
representative member shall be appointed by official action of each
governmental entity’s governing body.
Representative members will consist of the following:
(a) one representative member identified by the governing body
of each municipality;
(b) one representative member identified
by the governing body of each county;
(c) one representative member identified
by the governing body of each irrigation district, artesian conservancy
district, conservancy district, or water commission established by joint powers
agreement;
(d) one representative member identified
by the governing bodies of each Nation, Pueblo, and Tribe;
(e) one representative member identified
by the governing bodies of each soil and water conservation district;
(f) one representative member of each
regional acequia and community ditches association in the planning region, or
if no regional acequia and community ditch association exists in a planning
region, one representative from that region appointed by the New Mexico acequia
commission;
(g) one representative member from an
active land grant in the planning region appointed by the land grant council;
(h) one representative member
identified by the governing body of each flood control authority or agency
authorized in Chapter 4, NMSA 1978, or Chapter 72, NMSA 1978; and
(i) one
representative member identified by the governing body of each water utility
authority.
(2) At-large members: Up to 10 at-large members shall represent
each of the following stakeholder groups.
There shall be one at-large member position for each stakeholder group,
but members may represent multiple stakeholder groups. The stakeholder groups to be represented are:
(a) ranchers in the region;
(b) farmers in the region (these farmers
may include 4H, Young Farmers, etc.);
(c) statewide or regional public higher
education institutions (such as a student, professor, administrator, etc.);
(d) environmental or conservation
organizations located in the region;
(e) water-based sporting or recreational
interests located in the region (fishing, rafting, etc.);
(f) mutual domestic water consumer
associations or water systems or cooperatives in the region;
(g) commercial, industrial, mining, and
power in the region;
(h) special districts established
pursuant to Chapter 73, NMSA 1978, with staff whose responsibilities include
water management, located in whole or in part within the region, and that do
not fall within the previous membership categories within Paragraph (1) of
Subsection A of 19.25.16.12 NMAC. Should
there be no representative meeting these criteria for the region, this position
becomes a general at-large member;
(i) existing
regional water planning steering committees that have been active since the
conclusion of the 2014-2016 regional water planning effort. Should there be no regional water planning
steering committee in the region, this position becomes a general at-large
member; and
(j) one general at-large member in the
region.
(3) Non-voting members: Up to six non-voting members representing
parties from outside the region with water interests in the region. These six non-voting members shall comprise
up to three non-voting members for entities outside the region that own water
rights within the region, and up to three non-voting members from other water
security planning councils hydrologically linked to the region.
B. Region-specific stakeholders: Lists of region-specific stakeholders shall
be developed and maintained by NMISC staff and shared with councils. The identification of region-specific
stakeholders shall, at a minimum, include:
(1) an email point of contact; and
(2) documentation including a physical
address, residential or professional, within the region; or
(3) written statement of interest
identifying the individual or entity and explaining why the individual or
entity is interested in engaging in the region’s planning process.
[19.25.16.12 NMAC - N, 4/9/2026]
19.25.16.13 REGIONAL WATER SECURITY PLANNING
COUNCIL MEETING AND INPUT REQUIREMENTS:
A. Councils shall hold regularly scheduled
meetings as follows:
(1) meetings shall be held at least four
times per year during periods when the region’s plan is being developed or
updated.
(2) meetings shall be held at least two
times per year during periods when the plan is not being developed or updated.
(3) councils shall provide at least
14-day notice of meetings or other activities to council members, the public,
region-specific stakeholders, Nations, Pueblos and Tribes, and the commission,
with NMISC staff support as needed.
(4) councils, with NMISC staff support,
shall offer meetings for hybrid participation if practicable.
B. Councils shall develop regional
water security plans through broad input.
This shall include opportunities for the public, region-specific
stakeholders, and Nations, Pueblos, and Tribes to be involved in the development,
vetting and prioritization of PPPs.
During the plan development or update of any plan, councils shall, with
NMISC staff support, at a minimum:
(1) notify the public, region-specific stakeholders, and Nations, Pueblos and Tribes, including by
distributing information regionally about the development of the plan, and
opportunities for input, at regular intervals.
(2) provide in-person and virtual
opportunities for input at council meetings.
(3) provide a minimum of 60 days for the
public, region-specific stakeholders, and Nations, Pueblos and Tribes to
provide input in person, via email, or through a website on proposed regional
water security plans.
(4) make comments publicly available
ahead of finalization of a regional water security plan to be presented for
commission approval.
C. Councils shall consider a broad
range of participation options for input, which may include but are not limited
to:
(1) providing materials in languages in
common use within the region (e.g., ASL, Spanish, Tewa, Navajo).
(2) hosting additional meetings, focus
groups, listening sessions, open houses or other events.
(3) providing engagement resources (e.g.,
presentations, paper surveys) to local community partners with existing
connections in rural areas.
(4) providing multiple in-person
opportunities distributed throughout the region and expanded strategies for
community engagement.
(5) providing meeting spaces or computer
access and connectivity for remote participation.
D. To promote broad awareness and to
encourage participation, council outreach efforts, with NMISC staff support as
needed, shall include, but are not limited to:
(1) educational content;
(2) multimedia advertising of engagement
opportunities; and
(3) additional opportunities as
determined by the council.
[19.25.16.13 NMAC - N, 4/9/2026]
19.25.16.14 CONSIDERATIONS FOR COUNCILS DURING
PLANNING PROCESSES:
A. Councils shall consider, with
resources provided by NMISC staff, the following information for inclusion in
regional water security plans:
(1) existing water plans and water
resources planning initiatives;
(2) compliance with state water law,
including recognition of established water rights;
(3) best available science for
considering climate resiliency and increasing aridification;
(4) recognition and respect of federally
recognized or reserved tribal water rights;
(5) access to water for domestic use;
(6) compliance with applicable federal
water law;
(7) public welfare values;
(8) balancing water uses and the needs of
future generations of New Mexicans;
(9) public participation and comments;
(10) best available science regarding the
water needs of native fish, wildlife, and their habitats;
(11) best available resources or
methodologies for considering the needs of rural and urban places and
populations within the region;
(12) groundwater management strategies and
needs;
(13) regional food security and agricultural
resilience;
(14) water needs for healthy upland,
wetland, and riparian habitats;
(15) watershed health and the impacts of
wildfire on source water protection; and
(16) water
quality protection or improvement.
B. Councils shall assure, with
resources provided by NMISC staff, that their regional water security plan is
consistent with the following statewide objectives:
(1) state obligations under interstate
compacts;
(2) compliance with the Endangered
Species Act and the prevention of serious harm to the habitats of species that
are threatened or endangered under state or federal law;
(3) compliance with and implementation of
water rights settlements, including locally and federally executed Indian water
rights settlements; and
(4) prior appropriation doctrine,
existing water shortage sharing agreements, or the state’s administration of
water under the active water resources management program.
C. Councils shall develop and update
regional water security plans as provided herein using the best available
science, data, and models, and may identify data gaps and recommend further
studies in their regional water security plans.
Councils may not delay the development of or updates to a plan due to
data gaps.
[19.25.16.14 NMAC - N, 4/9/2026]
19.25.16.15 CRITERIA FOR APPROVAL OF REGIONAL
WATER SECURITY PLANS: In order to be
approved by the commission, a regional water security plan must meet the
following criteria:
A. Plans shall include documentation of
the following items:
(1) WSTAC engagement, involvement, and
recommendations, including documentation of any unresolved issues;
(2) public notice under 19.25.16.13 NMAC;
(3) stakeholder engagement in the
development, vetting and prioritization of PPPs;
(4) comments received, considered, and
incorporated from stakeholders and the public;
(5) engagement with and comments received
from state, federal, tribal, and local governments;
(6) council consideration of public
welfare values;
(7) council consideration of balancing
water uses and the needs of future generations of New Mexicans in the region;
(8) council committees, working groups or
sub-regions, if applicable, within a region;
(9) consideration of the regional water
balance, including any projected reductions in water availability due to the
impacts of climate change or other factors;
(10) consistency with statewide objectives
identified in Subsection C of 19.25.16.14 NMAC: and
(11) a letter of support or concerns from
any Nation, Pueblo, or Tribe leadership for any PPP that would impact tribal
lands or tribal waters within the exterior boundaries of pueblos, trust lands,
or reservations, or that would require access to tribal data.
B. Plans may include documentation that
the needs of rural and urban populations within the region were considered.
C. Plans shall
include a ranked list of PPPs that will identify the region’s priorities
for promoting regional water security.
The list must incorporate proposed PPPs for the entire planning region,
including sub-regions, if any. Rankings
shall be based on the promotion of regional water security and not on the level
of readiness for the PPP.
(1) Each proposed PPP must include an
indication of the level of readiness for each PPP (idea stage, scoping stage,
or ready to proceed), and the sponsor(s) that intends to lead implementation of
the PPP, including obtaining and administering any necessary funding for the
PPP.
(2) PPPs that support the implementation
of federally approved Indian water rights settlements shall be identified as
such, and councils shall ensure that these PPPs are incorporated into the
prioritized list.
(3) PPP types include, but are not
limited to, projects, programs, and policies that address the following:
(a) watershed health and the impacts of
wildfire on source water protection;
(b) drinking water;
(c) storm water;
(d) wastewater;
(e) water retention and delivery
infrastructure;
(f) water conservation resulting in a
reduction of total water use;
(g) education;
(h) efficiency resulting in a reduction
of total or per-capita water use;
(i) water
reuse;
(j) aquifer storage and recovery;
(k) aquifer recharge and groundwater
sustainability;
(l) agricultural water use resilience;
(m) development of new water resources;
(n) river, wetland, and riparian habitat
restoration and connectivity;
(o) livestock water management;
(p) alternative water administration
strategies (under active water resources management, water markets or banks,
voluntary shortage sharing, etc.);
(q) drinking water system
regionalization;
(r) asset management planning;
(s) scientific water studies;
(t) water related natural or green
infrastructure.
(4) Additional documentation for each PPP may include:
(a) existing or potential funding,
including funding to match state or federal resources;
(b) the ability to enhance regional water
resilience or have long-lasting and sustainable benefits;
(c) multiple benefits or ability to meet
multiple objectives;
(d) substantial support from diverse
stakeholders;
(e) identification of interrelated PPPs
and potential enhanced benefits of implementing multiple PPPs in conjunction
with each other; or
(f) consideration of any positive and
negative socioeconomic, environmental, or cultural impacts associated with the
PPP.
(5) Councils may elect to repeat PPP list
items in subsequent plans and updated PPP lists.
(6) The processes for consolidating and
ranking sub-regional priorities into the PPP list for the planning region shall
be determined by the council pursuant to its operating principles, as provided
for in Paragraph (5) of Subsection B of 19.25.16.9 NMAC and Paragraph (3) of
Subsection B of 19.25.16.10 NMAC.
[19.25.16.15 NMAC - N, 4/9/2026]
19.25.16.16 PUBLIC WELFARE OF THE REGION AND THE NEEDS OF FUTURE
GENERATIONS OF NEW MEXICANS:
A. Councils
shall develop a list of public welfare values for the region and the needs of
future generations of New Mexicans during the initial planning period based on
broad input from their region and shall update the list as needed to maintain
its relevancy to the region. Councils shall refer to and consider these values
and needs when evaluating potential PPPs.
B. Councils
shall provide notice to the commission of issues and concerns relating to the
public welfare of the water planning region through presentation to the
commission at an open meeting.
[19.25.16.16 NMAC - N, 4/9/2026]
HISTORY OF 19.25.16 NMAC: [RESERVED]
