diversion permit” and specifies that up to 103,000 af/y of both SJCP water and “‘native’ Rio Grande water” will be diverted from the Rio Grande in equal portions. The Application specifies no use of the Rio Grande water, stating that the Rio Grande water “will not be consumptively used, but returned to the river at [Applicant’s] Southside Water Reclamation Plant (SWRP) below Rio Bravo Bridge.” The Application asserts an independent right to the use of SJCP water, but does not assert a basis for any entitlement to the diversion or use of the native Rio Grande water. The Application does not seek any such entitlement or appropriation. There is no dispute that the Middle Rio Grande Basin is fully appropriated. Montgomery v. Lomos Altos, Inc., 2007-NMSC-002, ¶ 15, 141 N.M. 21, 150 P.3d 971 (<HOLDING>). {13} Various entities and individuals
holding that sewers were within the statutory definition of waters as being all accumulations of water surface and underground natural and artificial public and private or parts thereof which are wholly or particularly within flow through or border upon the state recognizing a connection between surface and groundwater even where the water table falls below the stream bed recognizing the need for reasonable preservation of the natural environment and allowing minimum stream flow and natural lake surface level and volume appropriations on behalf of the people of the state of colorado for that purpose holding that the surface waters of the rio grande are fully appropriated recognizing the position of the ose that the rio grandes surface waters are fully appropriated and that new surface water appropriations are not allowed