reglab/housing_qa huggingface dataset:
NM Stat § 72-5-25 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-25 - Emergency; change of point of diversion; procedure.

A. An appropriator of water may change the place of diversion, storage or use of water upon application to and approval of the state engineer without following the requirements of Section 72-5-23 NMSA 1978 relating to publication of notice if an emergency exists in which the delay caused by following the provisions of Section 72-5-23 NMSA 1978 would result in crop loss or other serious economic loss to the appropriator and if the state engineer determines that no foreseeable detriment exists to rights of others having valid and existing rights to the use of the waters of the stream system. An application under this section shall be in the form and manner prescribed by the state engineer and shall contain specific facts supporting the existence of the emergency. B. An applicant for approval of a change of place of diversion, storage or use of water under this section shall, within thirty days of an approval granted under this section by the state engineer, comply with the requirements of Section 72-5-23 NMSA 1978. C. The emergency approval provided under this section shall continue in effect only until the state engineer enters his final decision in accordance with Section 72-5-24 NMSA 1978. History: 1953 Comp., § 75-5-23.1, enacted by Laws 1971, ch. 162, § 1. ANNOTATIONSCross references. — For state engineer, see 72-2-1 NMSA 1978. Law reviews. — For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982). For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
NM Stat § 72-5-30 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-30 - [Effect of return flow above diversion or storage works of other appropriators.]

In cases of applications for permits to impound and utilize waters of any stream of flood waters under conditions which would cause or permit a considerable return flow of such waters into their natural channel above the diversion or storage works of other appropriators or of others using or who have acquired the right to use water from said stream or stream system, the state engineer is authorized to approve such applications whenever such storage or use of water by the upper owner or owners would not result in depriving such lower users or appropriators of water to the extent of their reasonable requirements. History: Laws 1909, ch. 128, § 2; Code 1915, § 5685; C.S. 1929, § 151-136; 1941 Comp., § 77-528; 1953 Comp., § 75-5-28. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 128, 129. Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193. 93 C.J.S. Waters § 181.
NM Stat § 72-5-31 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-31 - [Appeal; prior rights not impaired.]

There shall be the same right of appeal from the action of the state engineer in approving or rejecting any such application as is provided in this article, Section 72-7-1 NMSA 1978, and nothing in this article shall be construed to impair prior vested rights or the rights of prior appropriators of public waters of this state, or the rights of those who have filed or may file applications to appropriate public waters in compliance with existing laws of the state of New Mexico. History: Laws 1909, ch. 128, § 3; Code 1915, § 5686; C.S. 1929, § 151-137; 1941 Comp., § 77-529; 1953 Comp., § 75-5-29. ANNOTATIONSCompiler's notes. — The compilers of the 1915 Code substituted the references to "this article" and the specific section therein, for references to Laws 1907, ch. 49. For presently compiled provisions of the article, see compiler's note to 72-5-29 NMSA 1978. Cross references. — For appeal de novo from decision, act or refusal to act of state executive officer or body in matters relating to water rights, see N.M. Const., art. XVI, § 5. For the state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 204.
NM Stat § 72-5-34 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-34 - State transportation commission; change of water use; application, notice and hearing.

Whenever the state transportation commission makes application to the state engineer for a change of location of use, a change of method of use, change of point of diversion, advance withdrawals or withdrawals of accrued unused waters of any water right, whether such water right be for surface, subsurface, artesian or underground waters and whether or not either the location of the changed use or the location of the point of diversion or both be within or without the boundaries of any declared underground water basin or irrigation or conservancy district, and whatever the manner of acquisition of such water right, and such water right is to be used for the construction, reconstruction, maintenance or repair of public roads, streets, highways and airports, the state engineer may authorize such change of location of use, change of method of use, change of point of diversion, advance withdrawals or withdrawals of accrued unused water after publication and hearing as provided in Section 72-12-3 NMSA 1978, when in the opinion of the state engineer such change of location of use, method of use, point of diversion, advance withdrawals or withdrawals of accrued unused water will not be detrimental to the other holders of valid water rights. History: 1953 Comp., § 75-5-32, enacted by Laws 1959, ch. 191, § 1; 2003, ch. 142, § 91. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. The 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission" near the beginning of the section; and updated the statutory reference near the end of the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 273. Right to hasten by improvement of street or highway the flow of surface water along natural drainways, 5 A.L.R. 1530, 36 A.L.R. 1463.
NM Stat § 72-5-35 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-35 - State transportation commission; advance water withdrawal.

The state engineer may authorize the state transportation commission, holding any artesian or underground water right for the construction, reconstruction, maintenance or repair of public roads, streets, highways and airports, to make withdrawals of water in advance of the accrual of such water in such amounts as the state engineer may determine will not be detrimental to the other holders of valid water rights, but in no case shall such advance withdrawals exceed an amount equal to five times the annual amount of the water right actually held by the withdrawing holder. History: 1953 Comp., § 75-5-33, enacted by Laws 1959, ch. 191, § 2; 2003, ch. 142, § 92. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. The 2003 amendment, effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".
NM Stat § 72-5-36 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-36 - State transportation commission; unused water accrual; withdrawal rate; accounting.

The state engineer may permit the state transportation commission, when it is engaged in the construction, reconstruction, maintenance or repair of public roads, streets, highways and airports, to accrue unused water under one or more artesian or underground water rights for such length of time not to exceed five years as he may deem reasonable and permit the state transportation commission to withdraw such accrued water within such period of time as it may be required, but not at a rate that will be detrimental to the holders of other valid water rights. The state engineer shall require the state transportation commission holding any water right and desirous of proceeding under the authorization of Sections 72-5-34 through 72-5-38 NMSA 1978 to file periodic accountings of accruals and withdrawals by basins or districts in such form, on such dates and at such intervals as the state engineer shall designate. History: 1953 Comp., § 75-5-34, enacted by Laws 1959, ch. 191, § 3; 2003, ch. 142, § 93. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. The 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission" in three places; and substituted "Sections 72-5-34 through 72-5-38 NMSA 1978" for "this act" in the last sentence.
NM Stat § 72-5-37 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-37 - State transportation commission; transfer of water rights to unused water; reversion.

If the state transportation commission, holding any water rights to be used for the construction, reconstruction, maintenance or repair of public roads, streets, highways and airports, transfers ownership of all of its water rights in one basin under which there has been an accrual of unused water, any accrued unused water shall lapse and revert to unappropriated water and the right to such water shall not pass on such transfer. If a partial water right or one of several water rights within a declared underground basin or irrigation or conservancy district is transferred, the accrued unused water, if any, shall not pass to the transferee but may be moved in accordance with the provisions of Section 72-5-34 NMSA 1978 to the point of diversion of a water right retained by the state transportation commission within the same basin but not to exceed five times the annual amount of the water right retained. History: 1953 Comp., § 75-5-35, enacted by Laws 1959, ch. 191, § 4; 2003, ch. 142, § 94. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission" in two places; and substituted "Section 72-5-34 NMSA 1978" for "Section 1 hereof" near the end of the section.
NM Stat § 72-5-38 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-38 - [State water rights for highway purposes and airports; nonforfeiture for failure to use.]

Neither the state nor any agency, department, bureau or commission thereof holding any water rights to be used for the construction, reconstruction, maintenance or repair of public roads, streets, highways and airports, whether surface, subsurface, artesian or underground and whatever the manner of acquisition, shall lose or forfeit such water right for failure to beneficially use all or any part of such water right. History: 1953 Comp., § 75-5-36, enacted by Laws 1959, ch. 191, § 5.
NM Stat § 72-5-39 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-39 - Illegal application of water; injunction or other relief.

No person shall use the public waters of the state of New Mexico except in accordance with the laws of the state of New Mexico. No person shall divert water or apply water to land without having a valid water right to do so, or apply it to purposes for which no valid water right exists. The state engineer may apply for and obtain an injunction in the district court of any county in which water is being diverted or the land affected is located, against any person, firm or corporation who shall divert water or commence the construction of works by which to divert water, in violation of statute, or who shall cause or permit the application of said water upon lands or to purposes for which no valid water right exists. This provision shall in no way be construed to affect the existing right of a court of equity in the exercise of its general equity powers to grant relief to the state of New Mexico by injunction or otherwise. This section shall not apply to waters within the benefited areas of a conservancy district unless the district refuses or fails to stop or correct the illegal use of water after notification by the state engineer. History: 1953 Comp., § 75-5-37, enacted by Laws 1965, ch. 285, § 7. ANNOTATIONSCross references. — For injunctions, see Rules 1-065 and 1-066 NMRA. For the state engineer, see 72-2-1 NMSA 1978. State engineer has jurisdiction over surface waters in New Mexico regardless of their diversion location. — Where the state engineer sought to enjoin petitioners' illegal use of Animas river surface water to irrigate additional acreage that was not part of an adjudication of water rights under a district court decree and for which petitioners have no permit, petitioners' argument that the state engineer lacked statutory authority to regulate the use of surface water from the Animas river for irrigation purposes when that water is diverted in Colorado and transported to New Mexico by a ditch is without merit, because the state engineer has the statutory authority to regulate the use of surface waters in New Mexico regardless of their diversion location, and therefore the state engineer has jurisdiction to regulate petitioners' application to beneficial use of Animas river surface waters diverted in Colorado to the ditch that conveys their flow to New Mexico. State Engineer v. Diamond K Bar Ranch, LLC, 2016-NMSC-036. Law reviews. — For comment on State ex rel. Reynolds v. Miranda, 83 N.M. 443, 493 P.2d 409 (1972), see 13 Nat. Resources J. 170 (1973). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 259. 93 C.J.S. Waters §§ 33, 34.
NM Stat § 72-5A-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-1 - Short title.

This act [72-5A-1 to 72-5A-17 NMSA 1978] may be cited as the "Ground Water Storage and Recovery Act". History: Laws 1999, ch. 285, § 1. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-2 - Legislative findings.

The legislature finds that: A. conjunctive use and administration of both surface and ground waters are essential to the effective and efficient use of the state's limited water supplies; and B. ground water recharge, storage and recovery have the potential to: (1) offer savings in the costs of capital investment, operation and maintenance and flood control and may improve water and environmental quality; (2) reduce the rate at which ground water levels will decline and may prevent overstressing or dewatering aquifer systems; (3) promote conservation of water within the state; (4) serve the public welfare of the state; and (5) may lead to more effective use of the state's water resources. History: Laws 1999, ch. 285, § 2. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-3 - Definitions.

As used in the Ground Water Storage and Recovery Act: A. "aquifer" means a geologic formation that contains sufficient saturated material to be capable of storing and transmitting water in usable quantities to a well; B. "area of hydrologic effect" means the underground area where the water is stored and located, hydrologically connected surface waters, adjacent underground areas in which water rights exist that may be impaired, the land surface above the underground areas and any additional land surface used for seepage or infiltration; C. "governmental entity" means the interstate stream commission, an Indian nation, tribe or pueblo or state political subdivision, including a municipality, county, acequia, irrigation district or conservancy district; D. "project" means a permitted, engineered facility designed specifically, constructed and operated pursuant to the Ground Water Storage and Recovery Act, to add measured volumes of water by injection or infiltration to an aquifer or system of aquifers, to store the water underground and to recover it for beneficial use pursuant to the Ground Water Storage and Recovery Act but shall not include in situ leach mining operations or water flood operations for petroleum recovery that require approval by the state engineer outside the Ground Water Storage and Recovery Act; and E. "stored water" means water that has been stored underground for the purpose of recovery and permitted pursuant to the Ground Water Storage and Recovery Act. History: Laws 1999, ch. 285, § 3; 2003, ch. 206, § 1. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, in Subsection C, inserted "the interstate stream commission" near the beginning.
NM Stat § 72-5A-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-6 - State engineer; powers and duties; permit; monitoring requirements.

A. The state engineer shall issue a permit to construct and operate a project if the applicant has provided a reasonable demonstration that: (1) the applicant has the technical and financial capability to construct and operate the project; (2) the project is hydrologically feasible; (3) the project will not impair existing water rights or the state's interstate obligations; (4) the project will not be contrary to the conservation of water within the state; (5) the project will not be detrimental to the public welfare of the state; (6) the applicant has completed applications for all permits required by state and federal law; (7) the applicant has a valid water right quantified by one of the following legal processes: (a) a water rights adjudication; (b) a consent decree; (c) an act of congress, including a negotiated settlement ratified by congress; (d) a contract pursuant to 43 USC 620 et seq.; or (e) an agreement with an owner who has a valid water right subject to an application for a change in purpose, place of use or point of diversion; and (8) that [sic] the project will not cause harm to users of land and water within the area of hydrologic effect; B. A permit for a project shall include: (1) the name and mailing address of the person to whom the permit is issued; (2) the name of the declared underground water basin in which the project will be located; (3) the capacity and plan of operation of the project; (4) any monitoring program required; (5) all conditions required by or regulations adopted pursuant to the Ground Water Storage and Recovery Act; and (6) other information the state engineer determines to be necessary. C. The permit shall not become effective until the applicant obtains all other required state and federal permits. D. The state engineer shall adopt regulations to carry out the provisions of the Ground Water Storage and Recovery Act, including monitoring the operation of projects and their effects on other water users in the area of hydrologic effect, including an Indian nation, tribe or pueblo. In determining monitoring requirements, the state engineer shall cooperate with all government entities that regulate and monitor the quality of water, including the department of environment. History: Laws 1999, ch. 285, § 6. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — As referenced in Subparagraph A(7)(d), 43 U.S.C.S. 620 et seq. is the codification of the Colorado River Storage Project Act.
NM Stat § 72-5A-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-7 - Modification and assignment of project permit.

A. The state engineer may modify the conditions of a permit if he finds that modifications are necessary and will not impair existing water rights or the water quality of the aquifer. The applicant shall provide notice of any proposed modifications as required by the Ground Water Storage and Recovery Act for new applications. Objections may be filed in the manner of objections to new applications. B. The permittee may apply to the state engineer for approval to assign a permit to another person. The state engineer shall approve the assignment if the state engineer determines that all provisions of the Ground Water Storage and Recovery Act will be met. History: Laws 1999, ch. 285, § 7. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-8 - Stored water not public; stored water not subject to forfeiture; use or exchange of recovered water.

A. Water added to an aquifer or system of aquifers to be stored for subsequent diversion and application to beneficial use pursuant to a project permit is not public water and is not subject to forfeiture pursuant to Section 72-5-28 or 72-12-8 NMSA 1978. B. A permittee may use water recovered only for the same purposes for which the water was authorized before it was stored, unless an application for a change in the purpose of use, place of use or point of diversion is filed and approved pursuant to Section 72-5-23, 72-5-24 or 72-12-7 NMSA 1978, as applicable. History: Laws 1999, ch. 285, § 8. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-9 - Storage account to be established; limit on amount of water recovered.

The state engineer shall establish a storage account for each project. If the project has stored water from more than one source, he shall establish subaccounts for each source of water. A permittee may recover only the recoverable amount of stored water from a well. For purposes of this section, "recoverable amount" means that amount of water, as determined by the state engineer, that has reached the aquifer, remained within the area of hydrologic effect and is conducive to recovery without impairment to existing uses. History: Laws 1999, ch. 285, § 9. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.