New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS
Part 8 - GROUND WATER STORAGE AND RECOVERY ACT
Section 19.25.8.27 - MODIFICATION OF PROJECT PERMIT

The state engineer retains jurisdiction over every permit issued under these regulations and may modify its conditions to prevent impairment to water rights, to prevent harm to land owners, to prevent detriment to the public welfare of the state, and to prevent actions that are contrary to the conservation of water within the state. The conditions of a permit may also be modified to meet the purposes of the Act, to meet the original intent of the permit, or to account for a change to the scope of a project resulting from information gathered during the operation and maintenance of a full-scale project. A revised notice must be published if the state engineer determines that the scope of the full-scale project has significantly changed as a result of the modification. The state engineer will set aside his action if the permittee requests in writing that the action be set aside for reconsideration or for hearing through the state engineer hearing process (19 NMAC 25.2). The request from the permittee must be filed within thirty (30) calendar days of receipt of notice from the state engineer that a condition of the permit has been modified. The permittee must specify the basis for the request. The Water Rights Division will review a request for reconsideration and a request for hearing will be forwarded to the Administrative Litigation Unit.