Current through Register Vol. 35, No. 18, September 24, 2024
A. Change of
location of well: The owner of a water right within a declared underground
water basin cannot change the location of his well without the approval of the
state engineer except as otherwise provided in Section 75-11-23 [72-12-23
NMSA 1978].
B. Replacement well
within one hundred feet of original well: The owner of a water right may drill
and use a replacement well within one hundred (100) feet of the original well
prior to application, publication, and hearing, if:
(1) The well is drilled in the same, and only
the same, underground source; and
(2) The appropriation is of the same amount
of water allowed by his water right in the original well; and
(3) An emergency situation exists which would
result in serious economic loss if application, publication and hearing were
required; and
(4) The owner
notifies the state engineer office of these facts and of the location of the
proposed well by registered letter prior to drilling; provided he files
application for a permit within thirty (30) days after drilling
begins.
(5) The owners of other
water rights claiming injury by the drilling of a replacement well under these
circumstances may not enjoin the drilling of such well or the use of the water
from the well but are limited to an action at law to recover damages and to
their right to protest the granting of a permit.
C. Replacement well over one hundred feet
from original well: The owner of a water right may drill and use a replacement
well over one hundred (100) feet from his original well upon making application
without waiting for the completion of publication and hearing, if:
(1) The well is drilled in the same and only
the same underground source; and
(2) The appropriation is of the same amount
of water allowed by his water right in the original well; and
(3) An emergency situation exists which would
result in serious economic loss if publication and hearing were required;
and
(4) The state engineer after
preliminary investigation finds that the change does not impair existing water
rights and grants him a permit authorizing the drilling and use of the
replacement well prior to publication and hearing;
(5) When preliminary investigation by the
state engineer causes him to reasonably believe that the drilling and use of a
replacement well may impair existing rights then no permit shall be issued
until after publication and hearing.
