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Water Rights Surface/Subsurface:
The majority of properties in Taos County must utilize wells and septic systems as few properties are currently linked into the community water and waste system. Accordingly water rights, usage, and permits are currently linked to the New Mexico Office of the State Engineer. With growing populations and increased development, the State of New Mexico is continuing to witness an increased strain on hydrologic infrastructure. Due to erratic rainfall, low humidity, and a high elevation resulting in high evaporation rates, there is great importance placed upon water resources in New Mexico. Consequently, in hopes of preventing future impairment to water resources, legislation is being enacted to promote the orderly development of water resources as well as governing the active management of water rights.
Water Rights are transferred with the sale of the land unless specifically noted in the purchase agreement. Water rights offer the owner legal rights to use a specific quantity of water, on a specific time schedule, at a specific place for a specific purpose. Water rights are often subdivided into the two categories of surface rights and subsurface rights.
Acequias (Surface Water Rights) are man made surface irrigation ditches that transfer water resources from a river or stream to a parcel of land through unearthed and sometimes concrete culverts. Today they are found predominately in New Mexico and Southern Colorado, in which acequias extend riparian resources, benefit wildlife diversity, recharge water aquifers, and assist in conservation. Acequias serve to recharge groundwater supplies and shape water resource sustainability for areas of Taos County.
Wells (Subsurface Water Rights)- Currently half of Taos’ population gains their domestic water from individual wells, while a quarter receive their water from the Town of Taos, and the remaining quarter from shared or collective community wells. When considering drilling a well, one should now seek approval via application with the State Engineer to ensure that the prescribed change does not deplete water resources. It is estimated that drilling a well costs between $20 - $40 per foot depending upon the type of casing, depth of the well, subsurface rock formations, well house, and pump inclusion. All wells should be registered and permitted with the New Mexico Office of the State Engineer.
For more information please visit the Office of the State Engineer Website. You may also call the Water Rights Division at (505) 827-6120.
