PROTECTION OF RIGHTS TO AND USES OF WATER

STATE OF NEW MEXICO

CATRON COUNTY

RESERVE, NEW MEXICO 87830

ORDINANCE 011-92

AN ORDINANCE PROVIDING FOR THE PROTECTION OF RIGHTS TO AND USES OF WATER

WHEREAS, the Citizens of Catron County by their nature adhere to and demand democratic participation in their government; and,

WHEREAS, the citizens of Catron County expect full compliance with the New Mexico and U.S. Constitutions and the laws and regulations promulgated thereunder; and,

WHEREAS, Federal agencies are, in accordance with Federal land management laws, to ensure that their planned actions consider and coordinate with the Catron County Water Plan.

WHEREAS, the ownership of water rights and the expectancy that the water, derived from the beneficial use associated with that right, is free of introduced contaminants are considered basic civil rights by the Citizens of Catron County.

WHEREAS, the protection of existing water rights and water uses within the County is of primary importance to the County’s economic and cultural well-being.

INTENT

The intent of this Ordinance is to create a mechanism that citizens can use to enforce their rights to:

1) A supply of water equal to the amount appropriated under the laws of the State of New Mexico, and;

2) Expect that water will be free of introduced contaminants.This approach is designed to limit the use of county police power to protection of private water rights from third parties and acts where criminal intent is alleged in restricting the transfer or uses of water or introducing contaminants to ground or surface waters.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF COUNTY OF CATRON:

Section 1. The County Commission shall use all means available to oppose the involuntary restriction of water rights or use within the county.

Section 2. No person shall fraudulently restrict or nullify water rights under color of law.

Section 3. No person using Federal appropriations or grants nor Federal agent shall transfer water rights, change the use of water or nullify water rights without prior coordination with the Catron County Commission.

Section 4. The County Commission shall review or cause to be reviewed changes in water use to determine if there is no adverse impact to the historical, customary and cultural use retained by the citizens of the County.

Section 5. The County Commission shall act immediately to initiate criminal actions upon the complaint of one or more affected persons who allege criminal acts that threaten their lawful use of water rights or result in the introduction of contaminants into surface or ground waters.

Section 6. No person shall contaminate ground or surface water. The contamination of ground or surface water shall be considered trespass and each individual affected shall constitute one count.

Section 7. if any provision of this Ordinance or the application thereof is held invalid, such invalidity does not affect any other provision of this Ordinance which can be given effect without the invalid provision or application, and to those ends the provisions of this Ordinance are severable.

Section 8. Conviction of violation of this Ordinance may carry a fine of $300 or imprisonment of 90 days or both.

Section 9. This Ordinance shall be recorded in the book kept for that purpose and shall take effect in accordance with law.

PASSED, APPROVED, AND ADOPTED

this 17th day of November, 1992.

BOARD OF COUNTY COMMISSIONERS

ATTEST:  CATRON COUNTY, NEW MEXICO

/s/Rufus Choate, Chairman

/s/Carl Livingston, Member

/s/Hugh B. McKeen, Jr., Member

/s/J. V. Blancq, County Clerk