Phone: Gold SW, Suite 111 Fax:

Transcription

1 Phone: Gold SW, Suite 111 Fax: Albuquerque, New Mexico, Web: WaterBank.com vember 30, 2010 John D. Armijo, Thomas Armijo William J. Gurule Contact: John D. Armijo P.O. Box 1685 Peralta, NM RE: WATER RIGHTS VALIDATION MRGCD Dear Mr. Armijo: Thank you for contacting WaterBank to conduct a Water Rights Validation on the specified properties in Valencia County, New Mexico being designated Middle Rio Grande Conservancy District (MRGCD) Map 67 Tracts 2-A, 2-B, 3-A, and 3-B Land Division of Tracts 2 and 3 / Plat of Pete P. Gurule ( Acres). A Water Rights Validation offers the client an in-depth analysis of irrigated land and offers a conclusion based on the findings. Any final determination lies with the Office of the New Mexico State Engineer. We have researched your Tracts of land in Valencia County at the Office of the State Engineer and have reviewed the following documentation for evidence of irrigation: 1917/1918 Rio Grande Drainage Survey 1926/1927 MRGCD Plane-Table Drawing Map 1927 MRGCD Appraisal Data Sheets Aerial Photography from 1935, 1947, 1955, 1963, 1974, 1984, 1996, and 2005 WaterBank estimates the subject lands have approximately 9.85 acre-feet of Pre-1907 consumptive use surface water rights with the possibility of up to acre-feet of consumptive use. After reviewing this information, please call either Matthew Rawlings or myself at (505) to discuss the findings. Thank you for choosing WaterBank. Prepared By: Reviewed By: Sally Williams Geologist William M Turner Trustee 1

2 List of Tracts For: John D. Armijo, Thomas Armijo, William Gurule By: Sally Williams Date: vember 24, 2010 Map 67 Tracts 2-A, 2-B, 3-A, and 3-B Land Division of Tracts 2 and 3 / Plat of Pete P. Gurule Water Right s Validation Checklist 1. Cover Page X 2. Synopsis Pages X 3. NMOSE Criteria for Pre-1907 Surface-water Validity X 4. MRGCD Property Tax Map Identifying Tracts X NMOSE Drainage Survey Overlay X 6. MRGCD Appraisal Data Sheet. 7N2E, Plane-Table Drawing Map Map Number. F4-P22i 8. Aerial Photography X X X X X X X X X X X 9. Additional Evidence W.W. Follet, 1898, Senate Documents Vol. 21,. 229, 55 th Congress, Second Session, pp Survey of Water Resources and Irrigation of the Rio Grande River on Lands above Fort Quitman, Texas. 2

3 Process for Validation of Pre-1907 Surface-Water Rights The New Mexico Office of State Engineers Office (NMOSE) uses several criteria to evaluate surface-water rights perfected prior to March 19 th, The first criterion is evidence of irrigation on the 1917 Rio Grande Drainage Survey Map. There are numerous classifications for land identified on this map including Cultivated Class I and II land, Alkali, Timber, Bosque, Salt Grass, and Sand Dunes. Only lands that fall within Cultivated Class I or II boundaries are recognized by the State Engineer as potentially having pre-1907 water rights. Lands that do not fall under these classifications must show additional Tract-specific evidence establishing beneficial use of water on the land prior to If this first criterion is met, the NMOSE uses the Middle Rio Grande Conservancy District Plane-Table Survey as the second criterion to support continued beneficial use of water. The Plane-Table Survey consists of various map drawings and associated appraisal sheets documenting land use. If these first two criterion have been met the NMOSE uses aerial photography to establish subsequent beneficial use. See Exhibit A. Description of Land Map 67 2-A acres 3-A acres 2-B acres 3-B acres Land Division of Tracts 2 and 3 / Plat of Pete P. Gurule Total Acres = Acres The ditch providing water to this Tract is the Peralta Acequia. Follet, 1898 gives a date of construction as of pre-1800 See Exhibit B. 3

4 Evaluation: Tract 2-A 1917 Rio Grande Drainage Survey On the 1917 Drainage Survey Map this Tract is classified as Cultivated Class 2. See Exhibit C MRGCD Appraisal Sheets and Plane Table Map Drawing In 1927 this Tract was part of a larger Tract owned by Juan J. Gurule. It was acres. The MRGCD 1927 appraisal sheet for this tract show that acres were in alfalfa and grain and acres were in salt grass. The 1927 Plane Table Map shows this Tract was in alfalfa and grain. See Exhibit D-1 and E Aerial Photograph The 1935 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit F Aerial Photograph The 1947 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit G Aerial Photograph The 1955 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit H Aerial Photograph The 1963 aerial photograph shows evidence irrigation on the entire acres. See Exhibit I Aerial Photograph The 1974 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit J Aerial Photograph The 1984 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit K Aerial Photograph The 1996 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit L Aerial Photograph The 2005 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit M. 4

5 Conclusions In the opinion of WaterBank, this Tract has approximately acres of land with appurtenant Pre-1907 surface-water rights. This equates to 4.59 acre-feet of consumptiveuse surface-water rights. 5

6 Evaluation: Tract 2-B 1917 Rio Grande Drainage Survey On the 1917 Drainage Survey Map this Tract is classified as Cultivated Class 2. Some of the land is denoted as swamp. By definition, CC2 lands and swamplands are both affected by a high water table. Given the location of the lands marked as swamp, it appears highly likely that these lands are simply CC2 lands that are more severely affected by the high water table. Accordingly, all of the lands classified as CC2 including the land denoted as swamp will be considered as cultivated in See Exhibit C MRGCD Appraisal Sheets and Plane Table Map Drawing In 1927 this Tract was part of a larger Tract owned by Juan J. Gurule. It was acres. The MRGCD 1927 appraisal sheet for this tract show that acres were in alfalfa and grain and acres were in salt grass. The 1927 Plane Table Map shows this Tract was not classified. See Exhibit D-1 and E Aerial Photograph The 1935 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit F Aerial Photograph The 1947 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit G Aerial Photograph The 1955 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit H Aerial Photograph The 1963 aerial photograph shows evidence irrigation on the entire acres. See Exhibit I Aerial Photograph The 1974 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit J Aerial Photograph The 1984 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit K Aerial Photograph The 1996 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit L. 6

7 2005 Aerial Photograph The 2005 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit M. Conclusions In the opinion of WaterBank, this tract appears to meet the State Engineers criteria for Pre-1907 water rights. This means approximately acres of land with appurtenant Pre-1907 surface water rights and equates to 6.1 acre-feet of consumptive-use surfacewater rights. Additional research into the history of the land may be useful. Sources of additional information can include historical tax records, deeds, and other documentation relating to the subject land and/or surrounding areas. 7

8 Evaluation: Tract 3-A 1917 Rio Grande Drainage Survey On the 1917 Drainage Survey Map this Tract is classified as Cultivated Class 2. See Exhibit C MRGCD Appraisal Sheets and Plane Table Map Drawing In 1927 this Tract was part of a larger Tract owned by Juan J. Gurule. It was acres. The MRGCD 1927 appraisal sheet for this tract show that acres were in alfalfa and grain and 11.18acres were in salt grass. See Exhibit D-1 and E Aerial Photograph The 1935 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit F Aerial Photograph The 1947 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit G Aerial Photograph The 1955 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit H Aerial Photograph The 1963 aerial photograph shows evidence irrigation on the entire acres. See Exhibit I Aerial Photograph The 1974 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit J Aerial Photograph The 1984 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit K Aerial Photograph The 1996 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit L Aerial Photograph The 2005 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit M. 8

9 Conclusions In the opinion of WaterBank, this Tract has approximately acres of land with appurtenant Pre-1907 surface-water rights. This equates to 5.27 acre-feet of consumptiveuse surface-water rights. 9

10 Evaluation: Tract 3-B 1917 Rio Grande Drainage Survey On the 1917 Drainage Survey Map this Tract is classified as Cultivated Class 2. Some of the land is denoted as swamp. By definition, CC2 lands and swamplands are both affected by a high water table. Given the location of the lands marked as swamp, it appears highly likely that these lands are simply CC2 lands that are more severely affected by the high water table. Accordingly, all of the lands classified as CC2 including the land denoted as swamp will be considered as cultivated in See Exhibit C MRGCD Appraisal Sheets and Plane Table Map Drawing In 1927 this Tract was part of a larger Tract owned by Juan J. Gurule. It was acres. The MRGCD 1927 appraisal sheet for this tract show that acres were in alfalfa and grain and 11.18acres were in salt grass. See Exhibit D-1 and E Aerial Photograph The 1935 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit F Aerial Photograph The 1947 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit G Aerial Photograph The 1955 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit H Aerial Photograph The 1963 aerial photograph shows evidence irrigation on the entire acres. See Exhibit I Aerial Photograph The 1974 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit J Aerial Photograph The 1984 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit K Aerial Photograph The 1996 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit L. 10

11 2005 Aerial Photograph The 2005 aerial photograph shows evidence of irrigation on the entire acres. See Exhibit M. Conclusions In the opinion of WaterBank, this tract appears to meet the State Engineers criteria for Pre-1907 water rights. This means approximately acres of land with appurtenant Pre-1907 surface water rights and equates to 5.42 acre-feet of consumptive-use surfacewater rights. Additional research into the history of the land may be useful. Sources of additional information can include historical tax records, deeds, and other documentation relating to the subject land and/or surrounding areas. 11

12 New Mexico Office of the State Engineer Criteria for Evaluation of Validity of Water Rights Perfected Prior to March 19, 1907 in the Middle Rio Grande Basin 1) Evidence of irrigation on 1917 Rio Grande Drainage Survey? Yes Acceptable additional information? 2) Evidence of irrigation on 1927 Planetable and/or appraisal sheets? Yes 3) Evidence of 1935 irrigation on aerial photograph/1936 Rio Grande Joint Investigation Survey? Yes Drain Available 1935? Yes Yes Irrigation in periods 2 & 3? 4) Evidence of 1947 irrigation on aerial photograph? Irrigation in periods 3 & 4? Yes Yes 5) Evidence of 1955 irrigation on aerial photograph? Irrigation in periods 4 & 5? Yes Yes 6) Evidence of 1963 irrigation on aerial photograph? Yes Yes Irrigation in periods 5 & 7? 7) Evidence of continuous post irrigation on aerial photograph or from field investigation? Potential for court determination of Abandonment? Yes Valid t Valid Exhibit A New Mexico Office of State Engineer Criteria for Evaluating Pre-1907 water rights. 12

13 0 m 6 2 d g E D D X E Z z 2 -,xn 5 % E ~ m o a z

14 Legend WELLS MRG_Facilities 610Gold Ave SW Suite 111 Albuquerque NM RAILWAY Roads Parcels Miles EXHIBIT C: 1917 DRAINAGE SURVEY PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010

15 PERALTA ACEQUIA PERALTA MAIN CANAL Legend MRG_Facilities 610Gold Ave SW Suite 111 Roads Albuquerque NM Parcels Miles 1927 PLANE TABLE SURVEY MAP F4-P22I Subject property is outlined in red. Property: MRGCD Map 67 Tracts 2-A, 2-B, 3-A, and 3-B Land Division of Tracts 2 and 3 / Plat of Pete P. Gurule Prepared By: Sally Williams Date: vember 22, 2010

16

17 Legend WELLS MRG_Facilities 610Gold Ave SW Suite 111 Albuquerque NM RAILWAY Roads Parcels Miles EXHIBIT F: 1935 AERIAL PHOTOGRAPH PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010

18 Legend WELLS MRG_Facilities RAILWAY Roads Parcels Gold Ave SW Suite 111 Albuquerque NM Miles EXHIBIT G: 1947 AERIAL PHOTOGRAPH PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010

19 Legend WELLS MRG_Facilities 610Gold Ave SW Suite 111 Albuquerque NM RAILWAY Roads Parcels Miles EXHIBIT H: 1955 AERIAL PHOTOGRAPH PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010

20 Legend WELLS MRG_Facilities 610Gold Ave SW Suite 111 Albuquerque NM RAILWAY Roads Parcels Miles EXHIBIT I: 1963 AERIAL PHOTOGRAPH PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010

21 Legend WELLS MRG_Facilities RAILWAY Roads Parcels Gold Ave SW Suite 111 Albuquerque NM Miles EXHIBIT J: 1974 AERIAL PHOTOGRAPH PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010

22 Legend WELLS MRG_Facilities 610Gold Ave SW Suite 111 Albuquerque NM RAILWAY Roads Parcels Miles EXHIBIT K: 1984 AERIAL PHOTOGRAPH PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010

23 Legend WELLS MRG_Facilities RAILWAY Roads Parcels Gold Ave SW Suite 111 Albuquerque NM Miles EXHIBIT L: 1996 AERIAL PHOTOGRAPH PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010

24 Legend WELLS MRG_Facilities RAILWAY Roads Parcels Gold Ave SW Suite 111 Albuquerque NM Miles EXHIBIT M: 2005 AERIAL PHOTOGRAPH PROPERTY: 67 TRACTS 2-A, 2-B, 3-A, AND 3-B LAND DIVISION OF TRACTS 2 AND 3 / PLAT OF PETE P. GURULE Prepared By: Sally Williams Date: vember 22, 2010