reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM › Section 19.26.11.8 - FINDINGS OF FACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The United
				States district court for the district of New Mexico handed down a decree on
				May 9, 1933 entitled "The United States of America, Plaintiff, vs. Hope
				Community Ditch, et al., Defendants, No. 712 Equity," defining the rights of
				several parties to the use of water along the Pecos river in New Mexico and
				some of its tributaries, among which is the Gallinas river.
B. On May 6, 1935, said court relinquished
				jurisdiction of said case to the state engineer.
C. In order to properly apportion the waters
				of the Gallinas river in San Miguel and Guadalupe counties, New Mexico, the
				establishment of a water sub-district for those waters and the appointment of a
				water master in and for said water sub-district of the Pecos river water
				district is necessary.
D. The
				amount of water flowing in the Gallinas river is finite and varies year to year
				based on annual spring run-off, which is dependent on annual
				precipitation.
E. The city of Las
				Vegas, numerous acequia associations ("acequias"), Gallinas canal storage and
				irrigation company, and Storrie project water user's association ("Storrie
				project") are all water users of the Gallinas river.
F. Adjudication of water rights along the
				Gallinas river has not been completed.
G. Recent droughts in the state of New Mexico
				have created a water shortage crisis in the Pecos river stream system,
				including the Gallinas river.
H.
				The shortage of water on the Gallinas river is a problem affecting the citizens
				of San Miguel and Guadalupe counties.
I. By letter dated March 19, 2003, Storrie
				project requested that the state engineer administer the water in the Gallinas
				river.
J. By letter facsimiled May
				19, 2003, several acequias requested that the state engineer administer the
				water in the Gallinas river.
K. On
				January 20, 1956, the Pecos river water district was declared by the state
				engineer.
L. Creation of a water
				sub-district and appointment of a water master for the Gallinas river is needed
				to ensure public safety and that the interests of each water user are protected
				so that they receive the water to which they are entitled.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 26 - SURFACE WATER › Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM › Section 19.26.11.9 - CONCLUSIONS OF LAW

Current through Register Vol. 35, No. 13, July 16, 2024
A. Water
				sub-district creation and appointment of water master
(1) The state engineer concludes that in the
				interest of public safety and in the interest of water users, the GALLINAS
				RIVER WATER SUB-DISTRICT should be formed and a water master appointed on a
				permanent basis, so as to administer the waters of the Gallinas river, a
				tributary of the Pecos river stream system, in accordance with New Mexico
				law.
(2) The GALLINAS RIVER WATER
				SUB-DISTRICT water master shall have immediate charge of the apportionment of
				waters in the water sub-district under the general supervision of the state
				engineer, and shall appropriate, regulate and control the waters of the water
				sub-district so as to prevent waste.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of State Engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adopted pursuant to the authority of Sections
				  72-2-8,
				  72-2-12 and
				  72-13-4,
				  New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 1, 1966
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is formulated for the purpose of carrying out the
				  provisions of the statutes governing underground waters and describing the
				  present extent of all declared underground water basins in New
				  Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.8 - DECLARATION OF EXISTING WATER RIGHTS; INITIATION OF WATER RIGHTS: DECLARATIONS, AFFIDAVITS - FILING

Current through Register Vol. 35, No. 13, July 16, 2024
If declarations of existing water rights are filed as
				  permitted by Section 75-11-5, [72-12-5
				  NMSA 1978] they shall be prepared in triplicate on forms furnished by the state
				  engineer and shall be accompanied by the proper filing fee (Article 6-1) [now
				  19.25.5.8
				  NMAC]. Declarations may also be accompanied by affidavits of persons having
				  personal knowledge of the history of the works or by other evidence tending to
				  substantiate the claims and by copies of well logs, if available. If such
				  supporting documents are filed in the state engineer office, they will be filed
				  together with the declaration.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.9 - APPLICATIONS TO APPROPRIATE - PRIORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Where the well is to be drilled within the boundaries of a
				  declared underground water basin (Article 7) [now 19.27 NMAC] application to
				  appropriate shall be filed in triplicate on forms provided by the state
				  engineer accompanied by the proper filing fee (Article 6-1) [now
				  19.25.5.8
				  NMAC]. The date of receipt of an application by the state engineer or his
				  authorized representative shall be endorsed thereon. The date of filing
				  establishes the original priority date of any application, subject to the
				  acceptance of the application and the issuance of a permit by the state
				  engineer and the timely application of water to beneficial
				  use.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.10 - AMOUNT OF WATER; AMENDMENT; ADVERTISEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The application and permit limit the nature and extent of the
				  water right. A permit may be granted for an amount less than that asked for in
				  the application. In any event the annual amount of the appropriation permitted
				  under one application will be limited to the annual amount that can reasonably
				  be expected to be produced and applied to beneficial use from a single well
				  constructed at the point, in the manner, and for the purpose set forth in the
				  application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.11 - FORM OF APPLICATION; CORRECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Before acceptance by the state engineer, applications
				  tendered must conform to the requirements of the statutes and rules and
				  regulations of the state engineer. The description of the well location shall
				  be to the nearest forty (40) acre subdivision, unless otherwise prescribed by
				  the state engineer. Applications which are defective as to form or fail to
				  comply with the rules and regulations shall be returned promptly to the
				  applicant with a statement of the changes required. If the changes are made and
				  the application refiled with the state engineer within thirty (30) days after
				  the applicant has been notified of the changes required, the application shall
				  be processed with a priority date the same as the original filing date. When a
				  corrected application is filed after the time allowed, it shall be treated in
				  all respects as an original application received on the date of its
				  refiling.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.12 - PUBLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of an acceptable application the state engineer
				  shall prepare and issue a notice for publication and shall send it to the
				  applicant with instructions that it be published weekly for three consecutive
				  weeks in a newspaper of general circulation within the county in which the well
				  is to be drilled. Cost of publication shall be borne by the applicant who shall
				  also see that the newspaper's affidavit of publication is filed with the state
				  engineer within sixty (60) days from date of issuance of the notice for
				  publication. If the application is for a new appropriation, failure to file
				  affidavit of publication within the time allowed shall cause postponement of
				  the priority date of the application to the date of receipt of such proof in
				  proper form. In the case of any other type of application, failure to file
				  proofs within the time allowed shall cause the application to be cancelled. The
				  issuance of a notice for publication does not in any way indicate favorable
				  action on the application by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.13 - RE-ADVERTISEMENTS - EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
The completeness and accuracy of the notice for publication
				  is the responsibility of the applicant. If there are substantive errors in the
				  published notice, it shall be re-advertised at the expense of the
				  applicant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.14 - PROTEST - FILING, ANSWER

Current through Register Vol. 35, No. 13, July 16, 2024
Any person deeming that the granting of an application would
				  be detrimental to his rights may protest in writing the proposal set forth in
				  the application. The protest shall set forth reasons why the application should
				  not be approved and must be filed in triplicate with the state engineer not
				  later than ten (10) days after the date of the last publication of the notice
				  referred to in Article 1-5 [now
				  19.27.1.12
				  NMAC]. The state engineer shall mail one copy of the protest to the applicant.
				  The applicant may file with the state engineer, in triplicate, answers to such
				  protests. The state engineer shall furnish all protestants with a copy thereof
				  by mail.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.15 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
In the event an application is protested, hearings shall be
				  conducted pursuant to the provisions of Article 3 [now 19.25.4 NMAC] of these
				  rules and regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.16 - CANCELLATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon failure of the applicant to comply with the provisions
				  of the permit within the time specified in such permit or to secure an
				  extension of time within which to do so, the state engineer shall cancel the
				  permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.17 - CONSTRUCTION OF WELL

Current through Register Vol. 35, No. 13, July 16, 2024
The well shall be constructed in full compliance with the
				  terms of the permit and the rules and regulations of the state
				  engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.18 - TRANSPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
In the case of any ground water right initiated after
				  September 6, 1912, the water may not be transported in earthen ditches more
				  than one and one half (1 1/2) miles or in open ditches or flumes lined with
				  concrete or other impervious material more than two (2) miles from the well
				  which is the source of supply.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.19 - STORAGE

Current through Register Vol. 35, No. 13, July 16, 2024
Water from artesian or shallow ground water sources may be
				  stored in reservoirs or ponds to facilitate and improve irrigation practices.
				  The capacity of such reservoirs shall be so limited that they will store the
				  continuous flow of a well producing more than three hundred (300) gallons of
				  water per minute for no more than forty-eight (48) hours and the flow of a well
				  producing three hundred (300) gallons of water per minute or less for no more
				  than ninety-six (96) hours.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.20 - REQUIREMENTS AFTER COMPLETION OF WELL

Current through Register Vol. 35, No. 13, July 16, 2024
As soon as practicable after completing the well and the
				  application of water to the intended use pursuant to the permit, the applicant
				  shall have prepared and file a "final inspection and report" in triplicate on
				  forms provided by the state engineer. The final report shall be accompanied by
				  a plat prepared in accordance with Article 5 [now 19.25.3 NMAC]. The final
				  inspection and report shall be prepared by a registered professional engineer
				  and land surveyor or by a registered land surveyor as specified by the state
				  engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.21 - CERTIFICATE AND LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of "final inspection and report" together with
				  attachments thereto required by Article 1-13 [now
				  19.27.1.20
				  NMAC], the state engineer shall issue a "certificate and license to
				  appropriate."
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.22 - APPLICATIONS NOT REQUIRING PUBLICATION AND NOTICE - DOMESTIC AND LIVESTOCK USE - AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
Section 75-11-1 [72-12-1
				  NMSA 1978] excepts applications for water for certain purposes from the
				  requirement for publication of notice. The state engineer shall permit use
				  under such applications for domestic, stock watering, drinking and sanitary
				  purposes, and the irrigation of not to exceed one (1) acre of trees, lawn and
				  non-commercial garden in an amount not to exceed three (3) acre-feet per annum,
				  subject to limitation imposed by the courts. Applications for wells for such
				  purposes shall be prepared and filed in triplicate on forms provided by the
				  state engineer. Compliance with the provisions of Article 4 [now 19.27.4 NMAC]
				  is required in the completion of such wells.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.23 - RETENTION OF OLD WELL FOR DOMESTIC USE - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
If water rights have been transferred from a well but the
				  owner thereof desires to retain the well for the purposes of Article 1-15 [now
				  19.27.1.22
				  NMAC], an application must be filed as required by that article. Prior to
				  approval, the state engineer shall determine whether the subject well can be
				  retained in use without causing waste.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.24 - CHANGE OF WELL LOCATION AND PLACE AND/OR PURPOSE OF USE; SUPPLEMENTAL WELLS; EXTENSIONS OF TIME; PREREQUISITES FOR DRILLING; DEEPENING AND REPAIRING

Current through Register Vol. 35, No. 13, July 16, 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.25 - CHANGE OF PLACE AND/OR PURPOSE OF USE

Current through Register Vol. 35, No. 13, July 16, 2024
The owner of a water right within a declared underground
				  water basin cannot change the place or purpose of use of the right without the
				  approval of the state engineer. Such approval will be granted only after proper
				  application is made and the state engineer determines that the proposed move
				  would not impair existing water rights.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.26 - FORM OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Application to change the place or purpose of use and an
				  application to change the location of a well may be combined in one
				  application. Applications must be submitted to the state engineer in triplicate
				  with the fee set out in Article 6 [now 19.25.5 NMAC].
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.27 - SUPPLEMENTAL WELL

Current through Register Vol. 35, No. 13, July 16, 2024
The owner of a right to appropriate underground water may
				  make application to drill a well to supplement his supply up to the amount of
				  his existing right. Such application shall be filed on forms provided by the
				  state engineer.
A. Supplemental well -
				emergency conditions: The owner of a water right may drill and use a
				supplemental well upon making application but prior to publication and hearing,
				if (Section 75-11-25 ) [72-12-24 NMSA
				1978]:
(1) The well is drilled in the same,
				and only the same, underground source; 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 which would result in serious economic loss if publication and hearing
				were required; and
(4) The state
				engineer after preliminary investigation advises 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.28 - DESCRIPTION OF WELL LOCATION AND PLACE OF USE

Current through Register Vol. 35, No. 13, July 16, 2024
The legal description of both the present and the proposed
				  well location must be set out in an application. Well description shall be to
				  the nearest forty (40) acre subdivision, unless otherwise prescribed by the
				  state engineer. If the use is for irrigation, the lands from which water rights
				  are transferred and the lands to which water rights are transferred shall be
				  described by legal subdivision in the application. Where the use is for other
				  than irrigation, the place of use shall be described by legal
				  subdivision.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.29 - DECLARATION PRIOR TO CHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
A right not of record in the state engineer office must first
				  be declared before an application to move it or change its use can be
				  considered (Article 1-1) [now
				  19.27.1.8
				  NMAC]. Such declarations shall be accompanied by maps showing well locations
				  and place of use and conforming with requirements of Article 5 [now 19.25.3
				  NMAC].
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.30 - PUBLICATION; HEARING PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
The applicant must publish notice of the application the same
				  as if it were an application to appropriate (Article 1-5) [now
				  19.27.1.12
				  NMAC]. Protest and hearing procedures are the same as for an application to
				  appropriate (Article 1-7 and 1-8) [now
				  19.27.1.14
				  NMAC and
				  19.27.1.15
				  NMAC].
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.31 - PERMIT - GRANTING OF, LIMITATIONS, CANCELLATION

Current through Register Vol. 35, No. 13, July 16, 2024
When the state engineer determines that the proposed change
				  will not impair the existing rights of others, a permit shall be granted. The
				  permit may be subject to limitations and failure of the applicant to comply
				  with the limitations may result in cancellation of the
				  permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.32 - REQUIREMENTS AFTER COMPLETION OF WELL

Current through Register Vol. 35, No. 13, July 16, 2024
As soon as practicable after completing a supplemental or
				  replacement well, the permittee shall file "proof of completion of well" in
				  triplicate on forms provided by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.33 - REQUIREMENT FOR LICENSE FOR CHANGE OF PLACE AND/OR PURPOSE OF USE

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements for a license for change of place or purpose
				  of use are the same as for a new appropriation (Article 1) [now 19.27.1 NMAC].
				  Provided that, with respect to irrigation rights, if only a portion of an
				  irrigation right is transferred for the irrigation of other lands, then both
				  the lands from which water rights are transferred and the lands to which water
				  rights are transferred must be surveyed and maps prepared showing these lands.
				  If the portion of an irrigation right moved is transferred to purposes other
				  than irrigation, only the move-from area need be mapped. Such maps shall be
				  included in the final inspection and report.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.34 - LICENSE - WHEN ISSUED

Current through Register Vol. 35, No. 13, July 16, 2024
When all the required documents have been filed, the license
				  to appropriate water for the new place or purpose of use shall be issued. No
				  license will be issued where only a change of location of well (replacement
				  well) or supplemental well is involved.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.35 - MOVE-FROM AREA - TERMINATION OF WATER USAGE

Current through Register Vol. 35, No. 13, July 16, 2024
When a permit to change the place of use is granted, use of
				  water at the move-from location shall immediately cease unless otherwise
				  specified in the permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.36 - WELL PLUGGING

Current through Register Vol. 35, No. 13, July 16, 2024
Wells from which all water rights have been removed shall be
				  plugged in accordance with Article 4-14 and 4-19.1 [now
				  19.27.4.21
				  NMAC and
				  19.27.4.26
				  NMAC].
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.37 - DISCREPANCIES BETWEEN LANDS PERMITTED AND LANDS IRRIGATED

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer will not require application for change of
				  place of use of underground waters when the description of the land actually
				  irrigated varies slightly from the description shown on the original
				  application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.38 - APPLICATIONS FOR EXTENSIONS OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
Applications for extensions of time permitted by Section
				  75-11-8 [72-12-8
				  NMSA 1978] shall be filed in triplicate, accompanied by the proper filing fee
				  and shall state the reasons why additional time is required. Such applications
				  shall fully describe the well and work already completed, the lands irrigated
				  or the extent to which water has otherwise been placed to beneficial use and
				  shall be accompanied by a plan setting forth dates when the well will be
				  completed and equipped and the water applied to use under the permit. Financial
				  inability to proceed shall not be deemed sufficient reason for granting
				  extensions of time.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 1 - UNDERGROUND WATER - GENERAL PROVISIONS (SE-66-1, ARTICLES 1 AND 2) › Section 19.27.1.39 - PREREQUISITES OF DRILLING, DEEPENING, REPAIRING

Current through Register Vol. 35, No. 13, July 16, 2024
A licensed well driller may drill, deepen, repair or clean a
				  well within a declared underground basin only when the owner of such well has a
				  valid permit from the state engineer for the work to be performed; or when the
				  laws have been met which cover emergency well drilling (Article 4-8) [now
				  19.27.4.15
				  NMAC].
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to well driller licensing, drill rig
				  supervisor registration, and well drilling within the state of New Mexico.
				  These rules do not apply to:
A. work
				on pumping equipment;
B. oil
				wells;
C. gas wells;
D. cathodic protection wells;
E. geothermal resources, as defined in the
				Geothermal Resources Act, currently at Sections
				19-13-1 to
				-28 NMSA 1978 (1967, as amended through 2013);
F. construction boreholes and soil boreholes
				that encounter water and are less than thirty feet; or
G. mine drill holes that do not encounter
				water.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  72-12-1
				  NMSA provides that the water of underground streams, channels, artesian basins,
				  reservoirs, or lakes having reasonably ascertainable boundaries are declared to
				  be public waters which belong to the public and are subject to appropriation
				  for beneficial use. Section
				  72-2-8
				  NMSA gives the state engineer authority to adopt regulations and codes to
				  implement and enforce any provision of any law administered by the state
				  engineer. Section
				  72-12-12
				  NMSA states that it shall be unlawful for any person, firm, or corporation to
				  drill or to begin the drilling of a well for water from an underground source
				  without a valid, existing license for the drilling of such wells issued by the
				  state engineer of New Mexico. Section
				  72-12-13
				  NMSA states any person desiring to engage in the drilling of one or more wells
				  for underground water within the boundaries of any underground source shall
				  file an application with the state engineer for a well driller's license.
				  Sections
				  72-12-14
				  through
				  72-12-17
				  NMSA further detail requirements for well drillers in New Mexico. Sections
				  72-12-25
				  through
				  72-12-28
				  NMSA provide requirements for deep wells in non-potable aquifers. Sections
				  72-13-1
				  through
				  72-13-12
				  NMSA detail the requirements for the drilling of artesian
				  wells.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2017, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish requirements for well drilling in order to
				  ensure wells are designed, drilled, constructed, repaired and plugged in a safe
				  manner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.8 - WELL DRILLER'S LICENSE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who engages in well drilling activities shall
				  obtain a well driller's license issued by the state engineer (except, under New
				  Mexico state law, a well driller's license is not required for driven wells
				  that do not require the use of a drill rig and which have an outside casing
				  diameter of two and three-eighths (2 3/8) inches or less). A person found
				  engaged in the business of well drilling within the state of New Mexico without
				  a license can be prosecuted in accordance with New Mexico
				  statutes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.12 - WELL DRILLER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Bond requirements:
A well driller shall have a bond in the penal
				sum of five thousand dollars ($5,000) on a form acceptable to the state
				engineer. The surety backing the bond shall be acceptable to the state
				engineer. A well driller's license shall be valid only so long as the bond
				remains in effect. The bond shall:
(1) be
				conditioned upon proper compliance with state law and the rules and regulations
				of the state engineer;
(2) be
				effective for the period of time for which the well driller's license is
				issued;
(3) stipulate the obligee
				as the "office of the state engineer"; and
(4) not be represented to the public as a
				performance bond.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.15 - WELL DRILLER'S LICENSE APPLICATION AND REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
If the state engineer finds that an applicant has fulfilled
				  the requirements for licensure, the state engineer shall issue a well driller's
				  license and a well driller's identification card to the applicant.
A.
Application - form and
				content:
A well driller's license application shall be completed on a
				form prescribed by the state engineer. The application shall include:
(1) proof of required bonds;
(2) proof of required insurances;
(3) documentation that applicant has passed
				the required exams listed in Subsection C of
				19.27.4.12
				NMAC;
(4) the completed New Mexico
				code exam;
(5) documentation of
				prior well drilling experience;
(6)
				three letters of reference (one shall be from a well driller, or a state's
				licensing authority, attesting to the applicant's well drilling
				ability);
(7) a separate form
				prescribed by the state engineer with a description and side-view photograph of
				each drill rig the applicant owns or controls;
(8) registration forms and letters of
				reference and listing the name of each drill rig supervisor that the applicant
				plans to supervise; and
(9) other
				information required by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.16 - WELL DRILLER'S LICENSE AMENDMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The well driller's license amendment application shall be
				  filed with the state engineer to provide notification of any change to
				  information provided for the current well driller's license or to request to
				  engage in additional well drilling activities. A well driller shall notify the
				  state engineer within 10 days of any change to the current well driller's
				  license.
A.
Application - form
				and content:
A well driller's license amendment application shall be
				completed on a form prescribed by the state engineer. The application shall
				include:
(1) any changes in address or any
				other contact information;
(2) any
				changes to business or corporation name;
(3) any change in current drill rig
				supervisors;
(4) any change in
				current ownership or control of a drill rig;
(5) documentation of passing the required
				exams listed in Subsection C of
				19.27.4.12
				NMAC, corresponding to the additional well drilling activities; and
(6) other information required by the state
				engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.19 - WELL DRILLER'S LICENSE EXPIRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A well driller's license shall expire on the date set out on
				  the well driller's license. A well driller shall file a well driller's license
				  renewal application in accordance with
				  19.27.4.20
				  NMAC at least 10 days prior to the expiration date. If a well driller fails to
				  file a well driller's license renewal application prior to the expiration date,
				  the well driller's license shall automatically expire. A well driller allowing
				  their well driller's license to expire must apply for a new well driller's
				  license in accordance with the requirements of
				  19.27.4.12
				  NMAC. A well driller failing to renew a well driller license by the expiration
				  date due to circumstances beyond their control may apply for an extension of
				  time in accordance with
				  19.27.4.37
				  NMAC, if the state engineer finds the request to be reasonable and just. The
				  state engineer may impose additional conditions of approval.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.20 - WELL DRILLER'S LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A well driller's license renewal application shall be filed
				  with the state engineer at least 10 days prior to the expiration date.
A.
Application - form and
				content:
A well driller's license renewal application shall be completed
				on a form prescribed by the state engineer. The application shall include:
(1) proof of required bonds;
(2) proof of required insurances;
(3) a list of drill rig supervisors that the
				well driller supervises;
(4)
				evidence of meeting the continuing education requirements of both the well
				driller and all drill rig supervisors; and
(5) other information required by the state
				engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.21 - REPRIMANDS, SUSPENSION OR REVOCATION OF WELL DRILLER'S LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may issue a written reprimand, a
				  compliance order issued pursuant to Section
				  72-2-18
				  NMSA, or, after notice and hearing held pursuant to 19.25.2 NMAC, suspend or
				  revoke a well driller's license if it is found that a well driller:
A. made a material misstatement of fact in an
				application for license;
B. failed
				to submit or submitted an incomplete well record or well log;
C. made a material misstatement of fact in a
				well record or well log;
D. drilled
				a well in any declared underground water basin without a state engineer
				permit;
E. violated the conditions
				of the state engineer permit under which the well was being drilled;
F. violated the conditions of a well
				driller's license;
G. failed to be
				present or ensure the presence of a drill rig supervisor at the drilling site
				during well drilling activities;
H.
				violated the rules and regulations of the state engineer;
I. failed to assure the protection of the
				public safety, health, welfare, and property in the well construction process;
				or
J. for other cause as determined
				by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.22 - WELL DRILLER'S LICENSE REINSTATEMENT AFTER REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A well driller with a revoked license is prohibited from
				  engaging in well drilling activities, unless working under the supervision of a
				  licensed well driller. License revocation may also result in the forfeiture of
				  the well driller bond as set forth in Subsection A of
				  19.27.4.12
				  NMAC. After the revocation period has run, a well driller may apply for a new
				  well driller's license pursuant to
				  19.27.4.15
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.25 - APPLICATION FOR REGISTRATION AS A DRILL RIG SUPERVISOR

Current through Register Vol. 35, No. 13, July 16, 2024
A drill rig supervisor may provide onsite supervision of
				  well drilling activities. A drill rig supervisor shall work under the direction
				  of a well driller. The well driller is responsible for the actions of each
				  drill rig supervisor that they direct to provide onsite supervision of well
				  drilling activities. An applicant for registration as a drill rig supervisor
				  shall meet the following requirements.
A.
Qualified applicant:
A
				qualified applicant for registration as a drill rig supervisor shall:
(1) have at least two years of relevant,
				on-site experience working under the supervision of a well driller;
(2) be at least 18 years of age;
				and
(3) have passed the New Mexico
				code exam.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.26 - APPLICATION REVIEW AND REGISTRATION REQUIREMENTS FOR DRILL RIG SUPERVISOR

Current through Register Vol. 35, No. 13, July 16, 2024
If the state engineer finds that the applicant has fulfilled
				  the requirements for registration as set forth in
				  19.27.4.25
				  NMAC, the state engineer shall register the applicant as a drill rig
				  supervisor. The registration shall set forth the conditions under which the
				  drill rig supervisor may provide onsite supervision of well drilling activities
				  within the state of New Mexico.
A.
Registration duration:
A registration issued by the state engineer
				will be valid for a period of two years.
B.
Identification card:
The
				state engineer will issue a drill rig supervisor identification card with the
				registration showing the same date upon which the well driller's license
				expires. Each drill rig supervisor, when providing onsite supervision of well
				drilling activities within the state of New Mexico shall have their
				identification card available for inspection upon request.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.27 - RENEWAL OF DRILL RIG SUPERVISOR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A drill rig supervisor may retain their registration by
				  request on the well driller's license renewal application for whom they are
				  registered.
A.
Application -
				form and content:
The application shall be the well driller's license
				renewal application that includes all drill rig supervisors employed by the
				well driller, evidence of meeting the continuing education requirements, and
				other information required by the state engineer.
B.
Continuing education
				requirements:
During each two year registration period, a drill rig
				supervisor shall complete a minimum of eight continuing education hours
				approved by the state engineer. The continuing education hours shall relate to
				well drilling. At least two hours of the continuing education shall be specific
				to regulatory requirements regarding well drilling in the state of New Mexico.
				The drill rig supervisor shall submit proofs of completion of their completed
				classes for the well driller to submit upon the renewal of the license in
				accordance with
				19.27.4.19
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 4 - WELL DRILLER LICENSING; CONSTRUCTION, REPAIR AND PLUGGING OF WELLS › Section 19.27.4.36 - REQUIREMENTS FOR MINE DRILL HOLES THAT PENETRATE A WATER-BEARING STRATUM

Current through Register Vol. 35, No. 13, July 16, 2024
Any person, firm, or corporation drilling a mine drill hole
				  that penetrates a water-bearing stratum, whether confined or unconfined, shall
				  immediately notify the state engineer by filing an application for permit to
				  drill an exploratory well. The person, firm, or corporation shall file a well
				  plugging plan of operations in accordance with Subsection C of
				  19.27.4.30
				  NMAC or Subsection K of
				  19.27.4.31
				  NMAC concurrently with the application for permit. Upon the state engineer's
				  approval of the well plugging plan of operations, the person, firm, or
				  corporation shall have the mine drill hole plugged within the timeframe stated
				  on the conditions of approval.