Water Law

Cuddy McCarthy’s New Mexico water lawyers are equally well versed in water and water rights issues which are unique to the state, including:

• Documenting changes of ownership with the New Mexico Office of the State Engineer and County Clerks
• Assisting municipalities and local communities in developing 40-Year Water Plans
• Adjudicating New Mexico surface and ground water rights in state and federal courts
• Appearances before the New Mexico Public Regulation Commission on regulated water utility matters
• Appearances before the New Mexico Office of the State Engineer on water rights applications and protests
• Serving as counsel to water user associations
• Assisting in changes in place and purpose of use and point of diversion of water rights

Cuddy McCarthy’s water lawyers work closely with and before a variety of state, federal, local and Tribal governmental agencies. We are uniquely qualified to structure strategies and approaches, and negotiate solutions that facilitate and expedite successful results for our clients.

We help our clients:

• Negotiate and document the purchase, sale and lease of water rights to private and public utilities, municipalities and other governmental entities, water providers and individuals and companies in a variety of industries
• Create water utility associations and advise them on a variety of policy and operating issues
• Review and research deeds, declarations, patents, land grants and other documents to identify, quantify and determine the validity of historical water rights
• Participate in water related matters in administrative and judicial proceedings, including regulatory and compliance issues and water rights, water contract and water priority disputes
• Representation of client interests before federal, state and Tribal legislative bodies and administrative rulemaking agencies
• Obtain groundwater and surface water transfers, as well as changes in purpose and places of water use issues
• Perform due diligence assessments for water and water rights acquisitions
• Structure, negotiate and document water agreements and instruments of all types, including water development and supply agreements, well sharing agreements, diversification and conservation plans and long term water use plans
• Specialized issues involved with water rights administration; water use on state and federal lands; federal reserved water rights; and Tribal water rights