reglab/housing_qa huggingface dataset:
NM Stat § 72-12-20 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-20 - When appropriation without permit allowed.

No permit and license to appropriate underground waters for in-state use shall be required except in basins declared by the state engineer to have reasonably ascertainable boundaries. History: 1941 Comp., § 75-1121, enacted by Laws 1953, ch. 64, § 3; 1953 Comp., § 75-11-21; 1983, ch. 2, § 5. ANNOTATIONSCross references. — For appropriation of underground waters with reasonably ascertainable boundaries, see 72-12-1 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. Declaration of basin. — Until a basin is declared by state engineer, he cannot exercise jurisdiction in connection with its underground waters. McBee v. Reynolds, 1965-NMSC-007, 74 N.M. 783, 399 P.2d 110. Law reviews. — For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979). For note, "New Mexico State Engineer Issues Orders on Mine Dewatering," see 20 Nat. Resources J. 359 (1980). For comment, "Protection of the Means of Groundwater Diversion," see 20 Nat. Resources J. 625 (1980). For article, "Reasonable Groundwater Levels Under the Appropriation Doctrine: The Law and Underlying Economic Goals," see 21 Nat. Resources J. 1 (1981). For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982). For note, "Recent Developments in the El Paso/New Mexico Interstate Groundwater Controversy - The Constitutionality of New Mexico's New Municipality Water Planning Statute," see 29 Nat. Resources J. 223 (1989). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 327. 93 C.J.S. Waters § 170.
NM Stat § 72-12-21 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-21 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 2, § 7, repeals 72-12-21 NMSA 1978, relating to the enforcement of 72-12-18 to 72-12-21 NMSA 1978, effective February 22, 1983. For present provisions, see 72-12B-1 and 72-12B-2 NMSA 1978.
NM Stat § 72-12-22 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-22 - Replacement well within one hundred feet.

A. The owner of a water right may drill and use a replacement well drilled within one hundred feet of the original well, prior to application to the state engineer, and the publication and hearing set out in Section 72-12-3 NMSA 1978, if: (1) the well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the original well; 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 in which the delay caused by application, publication and hearing would result in crop loss or other serious economic loss; and (4) he files application, or notifies the state engineer office of these facts and the location of the proposed replacement well by registered letter, prior to drilling; provided that he shall file application for a permit within thirty days after drilling begins. B. The owners of other water rights who claim to be injured by the drilling of a replacement well under these circumstances, may not enjoin the drilling of such a 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. History: 1953 Comp., § 75-11-23, enacted by Laws 1959, ch. 41, § 1. ANNOTATIONSCross references. — For change of well location, generally, see 72-12-7 NMSA 1978. 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 § 90.
NM Stat § 72-12-23 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-23 - Replacement well over one hundred feet from original well.

A. The owner of a water right may drill and use a replacement well drilled over one hundred feet from his original well upon making application but without waiting for the completion of the publication and hearing set out in Section 72-12-3 NMSA 1978 if: (1) the well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the original well; 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 in which the delay caused by publication and hearing would result in crop loss or other serious economic loss; and (4) the state engineer, after a preliminary investigation, finds the change does not impair existing water rights, and grants him a permit authorizing the drilling and use of the replacement well prior to the publication and hearing. B. When the 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. History: 1953 Comp., § 75-11-24, enacted by Laws 1959, ch. 41, § 2. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978.
NM Stat § 72-12-24 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-24 - Supplemental well.

A. The owner of a water right may drill and use a supplemental well upon making application but prior to the publication and hearing set out in Section 72-12-3 NMSA 1978, if: (1) the supplemental well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the well being supplemented; and (2) the supplemental well does not increase the appropriation of water to an amount above the existing water rights; and (3) an emergency situation exists in which the delay caused by publication and hearing would result in crop loss or other serious economic loss; and (4) the state engineer, after a preliminary investigation, finds that the supplemental well does not impair existing water rights, and grants him a permit authorizing the drilling and use of the supplemental well prior to publication and hearing. B. If the preliminary investigation by the state engineer causes him to reasonably believe that the drilling and use of a supplemental well may impair existing rights, then no permit shall be issued until after publication and hearing. History: 1953 Comp., § 75-11-25, enacted by Laws 1959, ch. 41, § 3. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Filing by agent. — Intent of this section is to provide procedure for determining whether proposed changes injuriously affect rights of others rather than to limit right of owners of water right seeking to change point of diversion to act only in person and not through a designated agency. Coldwater Cattle Co. v. Portales Valley Project, Inc., 1967-NMSC-089, 78 N.M. 41, 428 P.2d 15. Application, filed by nonprofit corporation which limited membership to property owners residing within boundaries of underground water basin who owned valid water rights therein, for supplementation of such water rights as well as partial change of point of diversion, was neither inoperative nor invalid, nor did application cast any cloud on title to lands upon which supplemental wells were to be drilled. Coldwater Cattle Co. v. Portales Valley Project, Inc., 1967-NMSC-089, 78 N.M. 41, 428 P.2d 15. Ownership of location of proposed change not required. — Ownership of land to which point of diversion is to be changed is not condition precedent to right to apply for authority to effect such change. Coldwater Cattle Co. v. Portales Valley Project, Inc., 1967-NMSC-089, 78 N.M. 41, 428 P.2d 15. Right of entry necessary for drilling. — Under statutory procedure for filing applications before state engineer for change of point of diversion and supplementation of existing water rights, filing did not authorize applicant to enter upon land of another to sink wells or to construct canals or ditches; such right could not be exercised without lawful right of entry. Coldwater Cattle Co. v. Portales Valley Project, Inc., 1967-NMSC-089, 78 N.M. 41, 428 P.2d 15. Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 90.
NM Stat § 72-12-25 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-25 - Declaration of basin; nonpotable deep aquifers.

A. An undeclared underground water basin having reasonably ascertainable boundaries that consists of an aquifer, the top of which aquifer is at a depth of two thousand five hundred feet or more below the ground surface at any location at which a well is drilled and which aquifer contains only nonpotable water, is subject to state engineer administration in accordance with Sections 72-12-25 through 72-12-28 NMSA 1978. B. If the state engineer declares the type of underground water basin described in Subsection A of this section, all appropriations of nonpotable water from that basin for: (1) oil and gas exploration and production, prospecting, mining, road construction, agriculture, generation of electricity, use in an industrial process or geothermal use shall remain subject to Sections 72-12-25 through 72-12-28 NMSA 1978; and (2) all other uses shall be subject to Sections 72-12-1 through 72-12-24 NMSA 1978. C. "Nonpotable water", for the purpose of Sections 72-12-25 through 72-12-28 NMSA 1978, means water containing not less than one thousand parts per million of dissolved solids. History: 1953 Comp., § 75-11-37, enacted by Laws 1967, ch. 86, § 1; 2009, ch. 35, § 1. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. The 2009 amendment, effective March 30, 2009, added the title of the section; in Subsection A, added "undeclared" before "underground basin"; deleted "shall include" and added "that consists of"; changed "twenty-five hundred feet" to "two thousand five hundred feet"; added "only" before "nonpotable water"; and added the phrase at the end of sentence that subjects the aquifer to state engineer administration; and added Subsection B. Law reviews. — For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979). 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).
NM Stat § 72-12-26 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-26 - [Proposal to drill wells or recomplete existing wells; notice; depth and location.]

Any person proposing to drill wells or recomplete existing wells to appropriate waters referred to in Section 1 [72-12-25 NMSA 1978] of this act shall file a notice of intention to drill or recomplete with the office of the state engineer in such form as the engineer shall prescribe, and shall publish a notice in a newspaper of general circulation in the county in which the proposed wells will be located, once a week for three consecutive weeks, stating the location and the proposed depth of such wells, the purpose for which the water shall be used and an estimate of the volume of water to be used. Said wells shall not be drilled or recompleted prior to ten days after the last publication of such notice. History: 1953 Comp., § 75-11-38, enacted by Laws 1967, ch. 86, § 2. ANNOTATIONSCross references. — For publication of legal notice, see 14-11-1 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. 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). Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 345.
NM Stat § 72-12-27 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-27 - [Information required by state engineer; metering of water produced; quarterly analysis.]

The state engineer may require pertinent data to be filed with respect to each well, and may require water produced therefrom to be metered and the volume thereof reported, together with quarterly reports reflecting an analysis of the water so produced. History: 1953 Comp., § 75-11-39, enacted by Laws 1967, ch. 86, § 3. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Law reviews. — For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 4. 93 C.J.S. Waters § 186.
NM Stat § 72-12-28 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-28 - [Relief from impairment of existing water rights due to nonpotable water; parties to action.]

Any person may bring an action in the district court of the county in which any such well is situated for damages or for injunctive relief with respect to any claimed impairment of existing water rights due to an appropriation of nonpotable water under this act [72-12-25 to 72-12-28 NMSA 1978]. When such suit has been filed, the court shall order the joinder of the state engineer as a party thereto on the motion of any party, and if so joined the court shall direct the state engineer to present such evidence bearing upon the issues of the case as is reasonably available to him. History: 1953 Comp., § 75-11-40, enacted by Laws 1967, ch. 86, § 4. ANNOTATIONSCross references. — For provision excluding aquifer containing nonpotable water at depth of 2,500 feet or more from underground water basins, see 72-12-25 NMSA 1978. Severability. — Laws 1967, ch. 86, § 5, provided for the severability of the act if any part or application thereof is held invalid. Rights vested prior to the water code are subject to forfeiture. — Water rights that vested prior to the adoption of the New Mexico constitution are not immune from statutory forfeiture or common law abandonment. State ex rel. Office of the State Engineer v. Elephant Butte Irrigation Dist., 2012-NMCA-090, 287 P.3d 324, cert. denied, 2012-NMCERT-008. Where landowners were the owners of land that had been acquired in1881 by United States patents; the landowners claimed that the land had been irrigated prior to 1881 and that the date of appropriation was at least 1881; and although portions of the property had been farmed and irrigated prior to 1956, after 1956 the land was not farmed and water has not otherwise been put to beneficial use on any of the land, the landowner's water rights were subject to forfeiture and common law abandonment. State ex rel. Office of the State Engineer v. Elephant Butte Irrigation Dist., 2012-NMCA-090, 287 P.3d 324, cert. denied, 2012-NMCERT-008. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 256. Measure of damages for interference with percolating waters, 35 A.L.R. 1222, 55 A.L.R. 1385, 109 A.L.R. 395. Measure and element of damages for pollution of well or spring, 76 A.L.R.4th 629. 93 C.J.S. Waters § 169.
NM Stat § 72-12A-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-1 - Short title.

This act [72-12A-1 to 72-12A-13 NMSA 1978] may be cited as the "Mine Dewatering Act." History: Laws 1980, ch. 148, § 1. 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). For article, "Groundwater Rights: Definition and Transfer," see 27 Nat. Resources J. 653 (1987). Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 357 et seq. 93 C.J.S. Waters § 47.
NM Stat § 72-12A-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-2 - Purpose of act.

A. The legislature hereby determines that: (1) the production of minerals in New Mexico at times requires the diversion and associated treatment of large quantities of water; (2) the diversion of water to permit mineral production is affected with a public interest; (3) existing principles of prior appropriation, beneficial use and impairment of water rights, when applied to the diversion of water to permit mineral production, may cause severe economic hardship and impact to persons engaged in mineral production, to the owners of water rights and to the citizens of New Mexico; (4) such hardship and impact are threats to the public health, safety and welfare and can be averted or minimized through the operation of the Mine Dewatering Act; and (5) state regulation in matters relating to the diversion of water to implement mineral production is necessary to avert or minimize such threats to the public health, safety and welfare. B. The purpose of the Mine Dewatering Act is to promote maximum economic development of mineral resources while ensuring that such development does not impair existing water rights. History: Laws 1980, ch. 148, § 2. 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-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-3 - Definitions.

As used in the Mine Dewatering Act: A. "declared underground basin" means an underground stream, channel, artesian basin, reservoir or lake, the boundaries of which have been determined and proclaimed by the state engineer to be reasonably ascertainable; B. "mine dewatering" means the diversion and discharge of ground water developed by mining activities by means of depressurizing wells, mine shaft pumping or by other means necessary to displace water from an area of mining operations or proposed mining operations, but does not include in situ leaching; C. "plan of replacement" means a detailed plan for the replacement of water; D. "replacement of water" means the furnishing of a substitute water supply, the modification of existing water supply facilities, the drilling of replacement wells, the assumption of additional operating costs, the procurement of documentation establishing a waiver of protection by owners of affected water rights, artificial recharge or any other reasonable means to avoid impairment of water rights; and E. "substitute water supply" means a supply of water adequate in quality and made available at a point of diversion or use in a sufficient quantity to prevent impairment of an affected water right and may include water produced by mine dewatering. History: Laws 1980, ch. 148, § 3. 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-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-4 - Right of replacement.

In all cases involving an appropriation of water for beneficial use or mine dewatering, the right of replacement is granted to any person whose appropriation or mine dewatering would otherwise impair existing water rights. Application for replacement of water shall be made to the state engineer. In all cases, replacement of water shall be at the sole expense of the applicant and subject to such rules, regulations and conditions as the state engineer may reasonably prescribe. History: Laws 1980, ch. 148, § 4. 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-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-5 - Mine dewatering; jurisdiction of the state engineer.

A. Mine dewatering is neither an appropriation of water nor waste, but is governed by the provisions of the Mine Dewatering Act. No water rights may be established solely by mine dewatering. B. The provisions of Sections 6 through 10 [72-12A-6 to 72-12A-10 NMSA 1978] of the Mine Dewatering Act shall not apply to mine dewatering initiated prior to the effective date of that act nor to dewatering occurring after the effective date of that act from a mine whose shaft construction was initiated prior to the effective date of that act with the intent to penetrate the aquifer from which the water is withdrawn. C. Nothing in the Mine Dewatering Act shall prevent emergency mine dewatering necessary to avert or mitigate flooding situations. History: Laws 1980, ch. 148, § 5. 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-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12A - Mine Dewatering|Section 72-12A-6 - Mine dewatering prohibited; exceptions.

No person shall engage in mine dewatering in a declared underground basin without a valid, existing mine dewatering permit issued by the state engineer in accordance with the provisions of the Mine Dewatering Act and the rules and regulations that may be promulgated by him in pursuance hereof. History: Laws 1980, ch. 148, § 6. 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).