Current through Register Vol. 35, No. 6, March 26, 2024
A.
New
Domestic Well Points of Diversion. Permits for new groundwater points of
diversion for domestic uses, including a permit for a Section 72-12-1 well, may
be issued provided:
(1) Water rights from
within the same hydrologic unit in the NPT basin are moved to the new
groundwater point of diversion in accordance with this rule;
(2) The priority and amount of the moved
rights shall be determined under state law and reflect reductions in amount to
account for historic supply; and
(3) Any permitted diversions shall cease and
the household shall connect to the county water utility as soon as water
service is available.
B.
Expedited change of a valid, existing water right to a Section 72-12-1
domestic well permit. The applicant for a new Section 72-12-1 domestic
well permit or the owner of an existing Section 72-12-1 domestic well water
right may apply to change the point of diversion, place and purpose of use of a
valid, existing water right, other than a Section 72-12-1 water right, from the
same hydrologic unit within the NPT basin into the Section 72-12-1 domestic
well.
(1)
Application form and
content. Applications shall be prepared on a form prescribed by the
state engineer. An application shall include the following information:
(a) the name and address of
applicant,
(b) the pertinent state
engineer file number(s),
(c) the
source of water supply for the move-from point of diversion,
(d) the source of water supply for the
move-to point of diversion,
(e) the
priority date of the water right,
(f) the diversion amount to be
retired,
(g) the consumptive use
amount to be moved,
(h) the
move-from purpose of use,
(i) the
legal description of the move-from place of use,
(j) the location of the move-from point of
diversion,
(k) the location of
move-to point of diversion, and
(l)
other information the state engineer deems necessary.
(2)
Process. Consistent with the
issuance of a Section 72-12-1.1 domestic well permit pursuant to Section
72-12-1.1 NMSA, public notice is not required nor is protest allowed for an
application for permit to change a valid, existing water right to a Section
72-12-1 domestic well permit.
(3)
Once a valid, existing water right has been approved by the state engineer for
an expedited change to a Section 72-12-1 domestic well, the point of diversion,
place and purpose of use of the water right may subsequently be changed into
another Section 72-12-1 domestic well from the same hydrologic unit within the
NPT basin.
C.
Expedited change of point of diversion, place and purpose of use of groundwater
rights for domestic use to the county water utility. The CWU may file
one or more applications to the state engineer for permit to change the point
of diversion, place and purpose of use of groundwater rights for domestic use
whose ownership is conveyed to the CWU, including Section 72-12-1 domestic well
water rights. The application may include multiple water rights. The CWU may
consumptively use the full amount of the water right changed to the CWU.
(1)
Application form and
content. Applications shall be prepared on a form prescribed by the
state engineer. An application shall include the following information:
(a) the name and address of
applicant,
(b) the pertinent state
engineer file number(s),
(c) the
source of water supply for the move-from point of diversion,
(d) the source of water supply for the
move-to point of diversion,
(e) the
consumptive use amount to be moved,
(f) the location of the move-to point of
diversion, and
(g) other
information the state engineer deems necessary.
(2)
Process. The state engineer
may adopt a generalized hydrologic analysis based upon the hydrologic model
setting out guidelines for the expedited processing of applications filed
pursuant to this Subsection.
(a) If the state
engineer has adopted such a generalized hydrologic analysis, and if the CWU
agrees to the use of the generalized hydrologic analysis in the review of the
application, then the state engineer shall expedite the processing of the
application as provided in the generalized hydrologic analysis.
(b) If the state engineer does not adopt such
a generalized hydrologic analysis, or if the CWU does not agree to the use of
the generalized hydrologic analysis, then notice of the application shall be
published as provided under
19.26.2.12
and
19.27.1.30
NMAC, except that only the OSE file number or subfile number of the move-from
water rights need be provided in the notice of the application. The notice
shall provide that the full legal description of the water rights being moved
is available in the final decree posted on the state engineer's website and
available in the district office.
D. Water rights served by an acequia or
community ditch may not be moved under this Section.
