Water Law
Our New Mexico water lawyers are equally well versed in water and water rights issues which are unique to the state, including:
- Mendenhall water rights
- Assisting municipalities and local communities in developing 40-Year Water Plans
- Adjudicating New Mexico surface water rights in state and federal courts
- Appearances before the New Mexico Public Regulation Commission on regulated utility matters
- Appearances before the Office of the State Engineer on water rights applications
- Understanding the Aamodt litigation and its proposed settlement as well as how aboriginal water rights may affect residential purchases
Cuddy & McCarthy’s water lawyers work closely with and before a wide variety of state, local and Tribal governmental agencies, as well as with numerous federal agencies. Our substantial and comprehensive experience with the procedures and practices of these agencies permits us to structure strategies and approaches, and negotiate solutions, that facilitate and expedite successful results for our clients.  We also act as General Counsel to rural water user associations.
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 private and public water utilities and advising 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
- Develop water supply and water utility strategies to support master planned communities and other large development projects that take years to complete
- In a variety of water related matters in administrative and judicial proceedings, including regulatory and compliance issues and water rights, water contract and water priority disputes
- With varied client interests before federal, state and Tribal legislative bodies and administrative rulemaking agencies
- On an array of groundwater and surface water transfer issues, as well as changes in purpose and places of water use issues
- Perform due diligence assessments for water and water rights issues for mergers and acquisitions and for real property 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
- On a variety of regulatory and permitting issues, including rate case proceedings, return flow and line extension policies, conservation requirements and assured water supply requirements
- With such specialized issues as: aquifer recharge and injection; water rights administration; water use on state and federal lands; federal reserved water rights; Tribal water rights; and the adjudication, acquisition and management of surface water rights
- File changes of ownership of residential wells and surface rights