this conclusion on the fact that the SJCP water was subject to priority administration in the San Juan River Basin and is diverted from the San Juan River to provide for beneficial consumptive use as a part of New Mexico’s allocation of Colorado River water under the Colorado River Basin Compact and Upper Colorado River Basin Compact. This allocation was purchased and developed by Applicant for its use. The SJCP water does not come from the Rio Grande Basin, and Applicant’s entitlement to its beneficial use is not within the administrative scope of the Rio Grande Basin. We see no reason to disturb these findings. {30} Accordingly, we hold that failing to invoke or proceed under Se urther appropriation or diversion would generally be permitted. See Lion’s Gate Water, 2009-NMSC-057, ¶ 26 (<HOLDING>); § 72-5-7 (“If, in the opinion of the [OSE],
holding that a thwarted remedy is not available holding that damages are not relief that is available under the idea holding that a lawyer is a necessary witness where the lawyers testimony is relevant to disputed material questions of fact and where there is no other evidence available to prove those facts holding that the sca does not apply to material that is readily available to the public holding that the oses primary responsibility is to deny an application for use if no water is available and that secondary considerations such as conservation public welfare or impairment to other users become moot if no water is available