Submitted by R. Bradford Shurter, Corrales
As a current and former owner of both Senior and Junior water rights, I think our Corrales administration may be ill-advised if it is purchasing junior water rights – at least at the price being sought.
There are three “levels” of water rights following the “First in time, first in right” principle.
1. Prior and Paramount Rights (P&P) are extremely senior water rights held by some Pueblo communities e.g. the Middle Rio Grande Pueblos, for historically irrigated land. These rights predate even the state’s legal framework and hold a right to water that takes precedence over all others, including other senior pre-1907 rights.
2. Senior rights – after 1907, new appropriations required a permit from the State Engineer, but pre-1907 rights were protected.
3. Junior rights – Have later priority dates and receive water only if there is enough water remaining after all senior rights have been satisfied.
I understand, on good authority, that the water rights that are presently in store for purchase by our Administration are Junior rights. I also believe that entities trying to sell these rights are having trouble unloading them.
Additionally, this August, a 13th Judicial Court judge ruled in favor of a protest by Sandia Pueblo against Rio Rancho in its application to transfer water rights.
Think about it. Would a Village water system or farmers be able to rely on such junior rights… in this deteriorating climate?