reglab/housing_qa huggingface dataset:
NM Stat § 72-12A-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-7 - Application for permit; plan of replacement; approval.

A. Any person desiring to engage in mine dewatering in a declared underground basin shall apply to the state engineer for a permit on forms prescribed by him. B. The state engineer shall require notice of the application and shall thereafter proceed to consider the application in accordance with existing administrative law and procedure governing the appropriation of ground water. C. The state engineer shall, if he finds that the mine dewatering would not impair existing water rights, grant the application and issue a mine dewatering permit. D. If the state engineer finds that the mine dewatering would impair existing water rights, he shall notify the applicant of the impaired right or rights. The applicant may appeal such determination or proceed to file a plan of replacement. If appeal results in a judicial determination of impairment, the applicant may thereafter proceed to file a plan of replacement. E. The applicant may submit a plan of replacement to the state engineer upon application for a mine dewatering permit or at any time thereafter. F. Upon submission of a plan of replacement, the state engineer shall require notice of the plan and shall thereafter proceed to consider the application in accordance with existing administrative law and procedure governing the appropriation of ground water. If the state engineer finds that the plan of replacement prevents impairment of affected water rights, he shall grant the application and issue a mine dewatering permit contingent upon implementation and maintenance of the plan of replacement provided that implementation and maintenance of the plan of replacement to provide a substitute water supply to the owner of land not subject to condemnation pursuant to Section 12 [72-12A-12 NMSA 1978] of the Mine Dewatering Act shall be required only insofar as permitted by the owner. G. The approval of the plan of replacement may authorize the use of water produced by mine dewatering as a substitute water supply and, if so authorized, the applicant shall possess a water right in the amount and for the use specified. No additional permit shall be required for such use. H. In the event the applicant fails to submit a plan of replacement after notification of impairment or if the state engineer finds that the plan of replacement does not provide protection against impairment of existing water rights, he shall deny the application without prejudicing the rights of the applicant to amend or supplement the plan of replacement. I. The filing for or issuance of a mine dewatering permit shall not preclude the filing for or issuance of a permit to appropriate water. History: Laws 1980, ch. 148, § 7. ANNOTATIONSLaw reviews. — For comment, "New Mexico's Mine Dewatering Act: The Search for Rehoboth," see 20 Nat. Resources J. 653 (1980). For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
NM Stat § 72-12A-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-8 - Plan of replacement; standards for approval.

A. In reviewing a proposed plan of replacement and in considering terms and conditions which may be necessary to avoid impairment, the state engineer shall consider the characteristics of the aquifer in question, known withdrawals and their effects on water levels and water quality, the duration, quantity and area of impact of the proposed mine dewatering, the present and future discharge from, recharge to and storage of water in the aquifer, any artificial recharge to the aquifer and all other relevant facts. B. The state engineer may adopt rules and regulations to implement and enforce the Mine Dewatering Act. History: Laws 1980, ch. 148, § 8. ANNOTATIONSLaw reviews. — For comment, "New Mexico's Mine Dewatering Act: The Search for Rehoboth," see 20 Nat. Resources J. 653 (1980). For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
NM Stat § 72-12A-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-9 - Plan of replacement; implementation and maintenance; amendment.

A. Upon approval of replacement, the permittee shall implement the plan with all deliberate speed and within such time as will prevent impairment of existing water rights. B. If the owner of a water right protected by a plan of replacement asserts that the permittee has failed or refused to implement or maintain the plan, such owner shall file a written notice with the state engineer specifying the manner or method by which the permittee has failed or refused to implement or maintain the plan. Upon the filing of such notice, the state engineer may require the permittee to show cause why the permit should not be suspended or terminated. C. If the owner of a prior water right not previously protected by a plan of replacement asserts that his water right is or may be impaired by the permittee's mine dewatering, such owner shall file a written notice with the state engineer specifying the manner or method by which the permittee's mine dewatering is or may impair his water right. Upon the filing of such notice, the state engineer may require the permittee to show cause why the permit should not be suspended or terminated pending submission or amendment of a plan of replacement to provide protection against the claimed impairment. History: Laws 1980, ch. 148, § 9. ANNOTATIONSLaw reviews. — For comment, "New Mexico's Mine Dewatering Act: The Search for Rehoboth," see 20 Nat. Resources J. 653 (1980). For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
NM Stat § 72-12A-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-10 - Appeal to the district court; procedure.

The decision, act or refusal to act of the state engineer shall be final in all cases unless appeal is taken to the district court within thirty days as provided by Section 72-7-1 NMSA 1978. In the event of appeal of a decision approving the application, no stay order shall issue; provided however, the court may, upon proper showing, require the giving of security by the applicant, in such sum as the court deems proper for the payment of such costs and damages as may be incurred or suffered by any person affected by the order, provided further, that for good cause shown to be recited in the order made, the court or judge may waive the furnishing of security. History: Laws 1980, ch. 148, § 10. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
NM Stat § 72-12A-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-11 - Remedies.

A. The state engineer, when he has reasonable cause to believe that mine dewatering is being or may be conducted contrary to the provisions of the Mine Dewatering Act, may seek injunctive relief to decrease or terminate such activity which relief may be granted or denied in accordance with existing legal and equitable principles. B. No private cause of action for a temporary restraining order or preliminary or permanent injunction shall be available to any person whose water rights are affected or may be affected by mine dewatering conducted by persons subject to the provisions of Sections 6 through 10 [72-12A-6 to 72-12A-10 NMSA 1978] of this act. The procedures and remedies in the Mine Dewatering Act are exclusive for all such persons. History: Laws 1980, ch. 148, § 11. ANNOTATIONSLaw reviews. — For comment, "New Mexico's Mine Dewatering Act: The Search for Rehoboth," see 20 Nat. Resources J. 653 (1980). For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
NM Stat § 72-12A-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-12 - Eminent domain; entry on lands; purpose.

A. The United States, the state of New Mexico or any person, firm, association or corporation, may exercise the right of eminent domain to take and acquire land and right-of-way for the construction, maintenance and operation of water wells, reservoirs, canals, ditches, flumes, aqueducts, pipelines or other works necessary for the replacement of water; any such right-of-way for canal, ditch, pipeline or other means for the conveyance of water shall in all cases be so located as to do the least damage to private or public property consistent with proper use and economical construction. Such land and right-of-way shall be acquired in the manner provided by law for the condemnation and taking of private property in the state of New Mexico for railroad, telegraph, telephone and other public uses and purposes. The engineers and surveyors of the United States, the state and any person, firm or corporation shall have the right to enter upon the lands and waters of the state and of private persons and of public and private and public corporations, for the purpose of making hydrographic surveys and examinations and surveys necessary for selecting and locating suitable sites and routes for reservoirs, canals, pipelines and other waterworks, subject to responsibility for any damage done to such property, in making such surveys. B. The power of eminent domain for the replacement of water is necessary to accomplish maximum beneficial use of the waters of this state. C. Nothing in this section shall be construed to authorize the taking of any state or federal land including land held in trust, except as may be provided by law. History: Laws 1980, ch. 148, § 12.
NM Stat § 72-12A-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-13 - Existing water rights recognized.

Existing water rights based upon application to beneficial use are hereby recognized. Nothing herein contained is intended to impair the same or to disturb the priorities thereof. Nothing in the Mine Dewatering Act shall be construed to permit condemnation of water rights and the owner of a water right shall not be considered to have forfeited or abandoned his rights under that act. History: Laws 1980, ch. 148, § 13. ANNOTATIONSNonseverability and severability. — Laws 1980, ch. 148, § 14, provided for the severability of the act if any part other than § 12 is held invalid. If any part of § 12 is held invalid, the remainder of the act is to also be invalid and without legal force and effect. Law reviews. — For comment, "New Mexico's Mine Dewatering Act: The Search for Rehoboth," see 20 Nat. Resources J. 653 (1980). For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
NM Stat § 72-12B-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12B - Use of Waters Outside the State|Section 72-12B-2 - Applicability.

The provisions of this act shall apply to applications pending before the state engineer under the surface water and ground water codes. History: Laws 1983, ch. 2, § 6. ANNOTATIONSCompiler's notes. — The term "this act," referred to in this section, means Laws 1983, ch. 2, which is compiled as 72-12-3, 72-12-8, 72-12-18, 72-12-20, 72-12B-1 and 72-12B-2 NMSA 1978. Cross references. — For the state engineer, see 72-2-1 NMSA 1978. Severability. — Laws 1983, ch. 2, § 8, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 72-13-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 13 - Artesian Wells|Section 72-13-1 - Definition of artesian well.

An artesian well for the purposes of this act [72-13-1 to 72-13-12 NMSA 1978] is hereby defined to be an artificial well which derives its water supply from any artesian stratum or basin. History: Laws 1935, ch. 43, § 1; 1941 Comp., § 77-1201; 1953 Comp., § 75-12-1. ANNOTATIONSPurpose. — The 1935 statute relating to artesian wells and basins was passed to tighten state engineer's control over such waters which were not already under control of conservancy district, and where under district control, to give state engineer concurrent jurisdiction to enforce regulatory provisions of act or to intervene in any suit by or against district in interest of protecting or adjudicating rights to public water. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490. Permit required. — When well taps water of underground stream, artesian basin or reservoir having reasonably ascertainable boundaries it may be drilled only upon permit from state engineer. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490. Standing to sue. — Though artesian conservancy district owned no land serviced by waters of artesian basin and no water rights, it constituted proper party plaintiff for maintaining suit to enjoin use of water from unauthorized well. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490, appeal after remand, 1948-NMSC-022, 52 N.M. 148, 193 P.2d 418. Law reviews. — For article, "Centralized Decisionmaking in the Administration of Groundwater Rights: The Experience of Arizona, California and New Mexico and Suggestions for the Future," see 24 Nat. Resources J. 641 (1984). For student article, "Defining the Public Interest: Administrative Narrowing and Broadening of the Public Interest in Response to the Statutory Silence of Water Codes," see 50 Nat. Resources J. 255 (2010). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 155.
NM Stat § 72-13-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 13 - Artesian Wells|Section 72-13-2 - Supervision of artesian waters.

All artesian waters which have been declared to be public waters shall be under the supervision and control of the state engineer, as provided by this act [72-13-1 to 72-13-12 NMSA 1978], but where artesian conservancy districts have been duly organized pursuant to Chapter 97 of the New Mexico Session Laws of 1931 [73-1-1 to 73-1-13, 73-1-16 to 73-1-23 NMSA 1978] and acts amendatory thereof, such districts shall have concurrent power and authority with the state engineer to enforce the regulatory provisions, as herein provided, insofar as the waters to be conserved and controlled by the respective districts are affected. This act shall not be construed to affect the provisions of Chapter 131 of the New Mexico Session Laws of 1931 [72-12-1 to 72-12-10 NMSA 1978], being "An act relating to underground waters, declaring certain underground waters to be public waters and relating to the beneficial appropriation thereof and repealing Article 2 of Chapter 151 of the New Mexico Statutes Annotated, 1929 Compilation," and the state engineer may intervene on behalf of the state in any proceeding brought by or against any artesian conservancy district where it is necessary for the proper protection or adjudication of rights to the public waters of the state. History: Laws 1935, ch. 43, § 2; 1941 Comp., § 77-1202; 1953 Comp., § 75-12-2. 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 § 148. Right to conduct and use artesian water out of artesian basin, 31 A.L.R. 906. Artesian wells, statutory regulations as to, 55 A.L.R. 1451, 109 A.L.R. 395. 93 C.J.S. Waters § 92.
NM Stat § 72-13-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 13 - Artesian Wells|Section 72-13-3 - Artesian well supervisor.

The county commissioners of any county wherein an artesian basin is situated and wherein an artesian conservancy district has not been organized may employ with the consent and approval of the state engineer an artesian well supervisor and any assistants deemed necessary, who shall be under the supervision of the state engineer, and it shall be the duty of such well supervisor and his assistants, to enforce the regulatory provisions of Sections 72-13-1 through 72-13-12 NMSA 1978 and the rules and regulations promulgated by the state engineer pursuant hereto. The salaries of such well supervisor and his assistants shall be fixed by the board of county commissioners, who shall levy a special tax for such purpose upon all taxable property situated within the county wherein such artesian basin is situated, which levy shall be exclusive of the limit now provided by law; provided, however, that at no time shall such tax levy produce a revenue in any one year of more than seven thousand five hundred dollars ($7,500). All funds derived from such tax levies shall be transmitted by the county treasurer to the state treasurer on or before the last day of March, June, September and December of each year. The state treasurer shall deposit such funds to the credit of the artesian well fund of the county providing the same and shall disburse the same for expenses incurred by said county relative to the administration of the provisions of this section upon warrants of the secretary of finance and administration supported by proper itemized vouchers approved by the state engineer. History: Laws 1935, ch. 43, § 3; 1941 Comp., § 77-1203; 1953 Comp., § 75-12-3; Laws 1977, ch. 247, § 197. 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 § 148.
NM Stat § 72-13-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 13 - Artesian Wells|Section 72-13-5 - Drilling record.

Any contractor drilling a well within any artesian basin where such well is drilled down to or through any artesian stratum shall keep a complete record and log of the well, recording the depth, thickness and character of the different strata penetrated, together with the dates when the work was begun and completed, and the amount, weight and size of casing set, and number of inches of flow from such well above the casing, all of which he shall verify under oath, and when the well is completed shall file the same with the state engineer or artesian well supervisor, and a duplicate thereof, if the well is situated within any artesian conservancy district, with the officials of such district. History: Laws 1935, ch. 43, § 5; 1941 Comp., § 77-1205; 1953 Comp., § 75-12-5. ANNOTATIONSCross references. — For penalty for violation of this section, see 72-13-12 NMSA 1978. For provision making certain indemnity agreements contained in or affecting agreements pertaining to wells, void, see 56-7-2 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978.
NM Stat § 72-13-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 13 - Artesian Wells|Section 72-13-6 - Definition of waste.

For the purposes of this act [72-13-1 to 72-13-12 NMSA 1978], waste is defined as causing, suffering or permitting any artesian water to reach any pervious stratum above the artesian strata before coming to the surface of the earth, or causing, suffering or permitting any artesian well to discharge unnecessarily upon the surface of the ground, unless said waters are to be placed to a beneficial use under the constant supervision of the person using such water, or his employee, and through a constructed irrigation system: provided, however, that nothing herein contained shall be construed to prevent the use of such waters for ornamental ponds or fountains. History: Laws 1935, ch. 43, § 6; 1937, ch. 122, § 1; 1941 Comp., § 77-1206; 1953 Comp., § 75-12-6. ANNOTATIONSPurpose. — Legislature, in passing this section and Section 72-13-12 NMSA 1978, was not attempting to prevent use of water, but to prevent waste of water. State ex rel. Erickson v. McLean, 1957-NMSC-012, 62 N.M. 264, 308 P.2d 983. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 161. Waste, statutory regulations to prevent, 55 A.L.R. 1483, 109 A.L.R. 395, 109 A.L.R. 412. 93 C.J.S. Waters § 95.
NM Stat § 72-13-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 13 - Artesian Wells|Section 72-13-7 - Abandoned wells wasting water declared to be a public nuisance.

Any artesian well which has been abandoned for more than four years, from which the right to the use of the waters has reverted to the state, and which is found to be wasting the waters from any artesian basin, is hereby declared to be a public nuisance, and the state engineer, his representatives or the artesian conservancy district in which the well is located, may abate such nuisance in a summary manner, without notice to the owner, by plugging or otherwise controlling the same. History: Laws 1935, ch. 43, § 7; 1941 Comp., § 77-1207; 1953 Comp., § 75-12-7. ANNOTATIONSCross references. — For abatement of waste of artesian well waters on surface, see 72-13-8 NMSA 1978. For public nuisances generally, see 30-8-1 NMSA 1978. For abatement of same, see 30-8-8 NMSA 1978. 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 § 148.
NM Stat § 72-13-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 13 - Artesian Wells|Section 72-13-9 - Conducting water so as to prevent waste.

It is unlawful for any owner, person or corporation using the waters from any artesian well to conduct the same through any ditch, channel or conduit such that more than twenty percent of the waters are lost between the point of appropriation and the point of beneficial use. History: Laws 1935, ch. 43, § 9; 1941 Comp., § 77-1209; 1953 Comp., § 75-12-9; Laws 1971, ch. 47, § 1. ANNOTATIONSCross references. — For penalty for violation of this section, see 72-13-12 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 148. 94 C.J.S. Waters § 313.