reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.15 - CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
The land surveyor or professional engineer and land surveyor
				  making or directing the survey shall place upon the map (or the first sheet if
				  more than one) his certificate. His license number together with an impression
				  of his seal shall also appear. The certificate shall read as follows:
CERTIFICATE
I, __________________________, hereby certify that I am the
				  _________________ who prepared the above map and statement from field notes of
				  actual surveys conducted on ___________, 19__, by me or under my direction, and
				  that the same are true and correct to the best of my knowledge and
				  belief.
(SEAL)
				  _______________________________________________________
Registered Land Surveyor or Professional Engineer and Land
				  Surveyor
License No.
				  _____________________________________________
Date Submitted
				  __________________________________________
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.16 - SAMPLE PLAT - WATER RIGHT FILING MAP

Current through Register Vol. 35, No. 13, July 16, 2024
see
PDF
				  File 5-9.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 5 - FORMS AND FEES › Section 19.25.5.3 - 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 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 5 - FORMS AND FEES › Section 19.25.5.6 - 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 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 5 - FORMS AND FEES › Section 19.25.5.8 - DECLARATIONS AND APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following is a list of fees to be received by the state
				  engineer for issuing certain documents and performing other services in
				  connection with administration of the underground water law:
Form to be Completed and Filed
Filing Fee
Declaration of Right $1.00
Application to Appropriate/Requiring Publication and Notice
				  $5.00
Application to Appropriate/Other/ $1.00
Application for Supplemental Well $5.00
Application to Repair or Deepen Well $1.00
Application to Change Location of Well $5.00
Application to Change Place and/or Purpose of Use
				  $5.00
Application to Change Location of Well and Place and/or
				  Purpose of Use $5.00
Application to Combine Water Rights $5.00
Application for Extension of Time $5.00
Application for Well Driller's License $20.00
Application to Amend Well Driller's License $5.00
Application for Well Driller's License, Renewal
				  $10.00
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 5 - FORMS AND FEES › Section 19.25.5.9 - FEES FOR OTHER SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
For reviewing plans for the development of ground water from
				  a well or wells that have not been put to beneficial use prior to the time a
				  basin is declared or extended.
Fee for each proposed well in plan $5.00
For issuing any license to appropriate, for each permit
				  therein $5.00
One (1) Dollar for issuing any miscellaneous water right
				  document. For such other work as may be required of this office, such
				  reasonable fees as, in the judgment of the state engineer, the character and
				  extent of the work shall justify.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations govern the application process, the
				  hydrologic, technical and financial capability report requirements, and the
				  permit terms and conditions for projects authorized under the Ground Water
				  Storage and Recovery Act (the "Act"), NMSA 1978,
				  72-5A-1
				  through
				  72-5A-17
				  (1999 Supp.). These regulations shall not be construed to limit or otherwise
				  alter the jurisdiction, power, or authority of the state
				  engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, 72-5A-6(D) (1999)
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to govern the
				  proceedings before the state engineer to ensure the expeditious and orderly
				  handling of applications and administration matters related to the
				  Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless defined below or in a specific section, all other
				  words used in these regulations shall be given their customary and accepted
				  meanings.
A. Area of hydrologic
				effect: The underground area where the water is stored and located,
				hydrologically connected surface waters, adjacent ground water areas in which
				water rights exist that may be impaired, the land surface above the underground
				areas, and any additional land surface used for seepage or
				infiltration.
B. Capability Report:
				The short name for the Hydrologic, Technical, and Financial Capability Report
				(detailed in Appendix A) to accompany an application for Underground Storage
				and Recovery.
C. Project: A
				permitted, engineered facility specifically designed, constructed, and operated
				to add measured volumes of water by injection or infiltration to an aquifer or
				system of aquifers, to store the water underground, and to recover the stored
				water for beneficial use.
D. Stored
				Water: The water that has been stored underground for the purpose of
				recovery.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.8 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations shall be liberally construed to carry out
				  the provisions of the Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.9 - PURPOSE OF THE ACT

Current through Register Vol. 35, No. 13, July 16, 2024
In 1999, the New Mexico Legislature enacted the Act to allow
				  governmental entities to store surplus supplies of water underground and to
				  withdraw the recoverable amount at a later date for use by the governmental
				  entity. In adopting the Act, the Legislature found that:
A. Conjunctive use and administration of both
				surface and ground waters are essential to the effective and efficient use of
				the state's limited water supplies; and
B. Ground water recharge, storage, and
				recovery have the potential to:
(1) Offer
				savings in the cost of capital investment, operation and maintenance, and flood
				control, and may improve water and environmental quality.
(2) Reduce the rate at which ground water
				levels will decline and may prevent overstressing or dewatering aquifer
				systems.
(3) Promote conservation
				of water within the state.
(4)
				Serve the public welfare of the state.
(5) Lead to more effective use of the state's
				water resources.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.10 - AUTHORIZED APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
Only governmental entities defined as Indian nations, tribes,
				  or pueblos, or state political subdivisions, including municipalities,
				  counties, acequias, irrigation districts, or conservancy districts may apply
				  for a permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.11 - AUTHORIZED PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations cover artificial recharge, underground
				  storage, and water recovery projects. These regulations do not cover the
				  incidental recharge to an aquifer (such as from septic tanks or unlined
				  ditches).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.12 - PERMIT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A governmental entity may only construct or operate an
				  artificial recharge, storage, and recovery project in the state of New Mexico
				  after receiving a permit from the state engineer. One permit shall be granted
				  for each project.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.15 - PILOT OR DEMONSTRATION PROJECT

Current through Register Vol. 35, No. 13, July 16, 2024
A pilot or demonstration project is a prerequisite of a
				  full-scale project.
A. Definitions:
(1) Demonstration project: A demonstration
				project is considered a full-scale test of a project, in part or in whole, for
				a limited period of time. An example of a demonstration project is testing a
				full-size aquifer storage and recovery well.
(2) Pilot Project: A pilot project is
				considered a scale model test of a full-scale project.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.16 - CAPABILITY REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The hydrologic, technical, and financial capability report
				  shall include the following information:
A. Executive Summary
B. Project Objectives
C. Evidence of Technical Capability
D. Evidence of Financial Capability
E. Evidence of Hydrologic
				Feasibility
F. Area of Hydrologic
				Effect of Proposed Artificial Recharge, Storage, and Recovery Project
G. Hydrogeologic Characterization of the Area
				of Hydrologic Effect
H. Evaluation
				of Impairment to Water Rights and Harm to Owners of Land Within the Area of
				Hydrologic Effect
I. Validity of
				the Source Water Right
J. Site
				Description
K. Facility
				Description
L. Facility
				Design
M. Facility Operation and
				Maintenance
N. Hydrogeographic
				Characterization of the Area of Hydrologic Effect
O. Effects Created by a Underground Storage
				and Recovery Project
P. Water Level
				Monitoring Plan
Q. Description of
				Water Quality Monitoring and Treatment Plans Required by a State or Federal
				Agency or Department
R. Contingency
				Plan
S. All other relevant
				information detailed in Appendix A
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.17 - INITIAL REVIEW OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
After receipt of an application, the state engineer will
				  conduct an initial review of the application. If the state engineer determines
				  that an application is incomplete, defective as to form, is not in compliance
				  with these regulations, or if he determines that it may be necessary to limit
				  the duration of the permit (see Section 26), he shall return the application to
				  the applicant. The applicant shall provide all information required by the
				  state engineer. An application that is determined by the state engineer to be
				  complete, in compliance with these regulations, and in recognition that any
				  issued permit may be limited in duration, will be accepted for filing. The
				  state engineer will advise the applicant in writing when an application has
				  been accepted for filing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.18 - NOTICE-PUBLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Within thirty (30) days after receipt of a letter from the
				  state engineer informing the applicant that their application has been accepted
				  for filing, the applicant shall submit a notice for publication to the state
				  engineer for review.
A. The notice
				shall set forth the contents of the application in a form containing the
				following information:
(1) The name and
				address of the applicant;
(2) The
				legal and common descriptions (per NMSA 1978, Section
				14-11-10.1
				) of the location of the proposed project facilities and the area of hydrologic
				effect;
(3) A brief description of
				the pilot/demonstration project.
(4) A brief description of the proposed
				full-scale project, as appropriate, including the capacities;
(5) The requirements for a protest, as set
				forth in Section 20 hereafter;
(6)
				Disclosure that protests to the application shall be filed within ten (10) days
				after the date of the last publication of the notice; and
(7) The day of the last publication (to be on
				the notice when published);
(8) All
				other relevant information required by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.19 - PUBLICATION - EXPENSE

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 the published notice contains
				  substantive errors, a revised notice shall be published at the expense of the
				  applicant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.20 - PROTESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A person may protest such an application by filing a protest
				  alleging how the granting of the application will substantially and
				  specifically affect the protestant and that it will impair the protestant's
				  water right and/or be contrary to the conservation of water within the state
				  and/or be detrimental to the public welfare of the state. The state or any of
				  its branches, agencies, departments, boards, instrumentalities or institutions,
				  and all political subdivisions of the state and their agencies,
				  instrumentalities and institutions shall have standing to file a protest. A
				  protest shall be in writing and filed with the state engineer, Post Office Box
				  25102, Santa Fe, New Mexico 87504-5102. The protest shall state the name and
				  mailing address of the protestant, identify the grounds for the protest, and
				  contain the signature of the protestant or an authorized representative. The
				  state engineer will provide the applicant with a copy of all filed protests to
				  encourage the parties to reach a resolution. The applicant will provide each
				  protestant with a copy of its pilot/demonstration project permit so that the
				  protestant(s) may develop independent information during the
				  pilot/demonstration project. The applicant will further provide each protestant
				  with a copy of its full-scale project application at the time the application
				  is filed with the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.21 - HANDLING OF PROTESTS - HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
If any protests remain at the time the applicant has filed
				  for its full-scale project, a hearing shall be conducted pursuant to the state
				  engineer Hearing Procedures (19 NMAC 25.2). The state engineer will notify the
				  applicant and protestant(s) in writing of the date of the prehearing
				  conference.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.22 - BURDEN OF PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to the state engineer approving an application for
				  Underground Storage and Recovery, the applicant must meet its burden of proof.
				  The applicant has the burden of proving:
A. the applicant has the technical and
				financial capability to construct and operate the project;
B. the project is hydrologically
				feasible;
C. the project will not
				impair existing water rights or the state's interstate obligations;
D. the project will not be contrary to the
				conservation of water within the state;
E. the project will not be detrimental to the
				public welfare of the state;
F. the
				applicant has a valid water right for the recharge water quantified by one of
				the following legal processes:
(1) a water
				rights adjudication;
(2) a consent
				decree;
(3) an act of congress,
				including a negotiated settlement ratified by congress;
(4) a contract pursuant to the Colorado River
				Storage Project Act,
				43
				U.S.C. Section 620 (1986 and Supp. 1999);
				or
(5) an agreement with an owner
				who has a valid water right subject to an application for a change in purpose,
				place of use or point of diversion
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.23 - ACTION BY THE STATE ENGINEER ON THE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
If no timely protest has been properly filed or remains
				  standing, the state engineer will, upon finding that the application meets the
				  requirements of the Act and the Rules and Regulations of the state engineer,
				  issue a permit to the applicant to construct and operate the project to
				  artificially recharge, store, and recover all or part of the waters applied
				  for. All applications will be conditionally approved as a pilot/demonstration
				  project permit (see Section 15) unless the state engineer has granted a
				  variance. The state engineer will deny an application if there is reason to
				  believe that the granting of the application would impair existing water rights
				  or the state's interstate stream obligations, cause harm to land owners within
				  the area of hydrologic effect, be contrary to the conservation of water within
				  the state, or would be detrimental to the public welfare of the
				  state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.24 - APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of notice from the state engineer of the
				  decision made on the application, the applicant may, within thirty (30)
				  calendar days of such receipt, request in writing that the decision be set
				  aside. The request that the action be set aside shall specify whether the
				  applicant will submit information for reconsideration or will request that the
				  matter proceed to hearing through the state engineer hearing process (19 NMAC
				  25.2).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.25 - PERMIT - CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer will grant an Underground Storage and
				  Recovery Permit and monitor compliance with the permit in the exercise of the
				  full oversight authority provided by the Act and as otherwise delegated to the
				  state engineer by the laws of New Mexico. The state engineer permit shall
				  automatically terminate if the permittee fails to comply with or maintain all
				  other state and federal permits required for the project. A permit issued will
				  set forth:
A. the name and mailing
				address of the governmental entity to which the permit has been
				issued;
B. the name of the declared
				underground water basin in which the project will be located;
C. the plan of operation and capacity of the
				project;
D. the monitoring program
				required;
E. duration of permit
				(see section 26)
F. all conditions
				required by these regulations and as otherwise deemed appropriate by the state
				engineer;
G. other relevant
				information the state engineer determines to be appropriate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.26 - PERMIT DURATION AND RENEWAL, IF NECESSARY

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer will determine whether the circumstances
				  necessitate an Underground Storage and Recovery Permit being limited in
				  duration. If the state engineer limits the duration of a permit, a renewal
				  shall be requested in writing by the permittee and filed with the state
				  engineer at least one year prior to the expiration date of the permit. Failure
				  to file the request for permit renewal in a timely manner may result in the
				  expiration of the permit. A permit may be renewed multiple times. Upon
				  expiration of a permit, the permittee has the right to withdraw all waters
				  within storage that are recognized and approved by the state engineer as being
				  recoverable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.27 - MODIFICATION OF PROJECT PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer retains jurisdiction over every permit
				  issued under these regulations and may modify its conditions to prevent
				  impairment to water rights, to prevent harm to land owners, to prevent
				  detriment to the public welfare of the state, and to prevent actions that are
				  contrary to the conservation of water within the state. The conditions of a
				  permit may also be modified to meet the purposes of the Act, to meet the
				  original intent of the permit, or to account for a change to the scope of a
				  project resulting from information gathered during the operation and
				  maintenance of a full-scale project. A revised notice must be published if the
				  state engineer determines that the scope of the full-scale project has
				  significantly changed as a result of the modification. The state engineer will
				  set aside his action if the permittee requests in writing that the action be
				  set aside for reconsideration or for hearing through the state engineer hearing
				  process (19 NMAC 25.2). The request from the permittee must be filed within
				  thirty (30) calendar days of receipt of notice from the state engineer that a
				  condition of the permit has been modified. The permittee must specify the basis
				  for the request. The Water Rights Division will review a request for
				  reconsideration and a request for hearing will be forwarded to the
				  Administrative Litigation Unit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.28 - CHANGE OF OWNERSHIP OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A permit issued under these regulation may be changed in
				  ownership to another governmental entity upon the filing of an application with
				  the state engineer for Change of Ownership. The Change of Ownership shall be
				  approved if the state engineer determines that all provisions of these
				  regulations will be met. If approved, a Change of Ownership will include
				  conditions deemed appropriate by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.29 - STORED WATER NOT AVAILABLE FOR APPROPRIATION - STORED WATER NOT SUBJECT TO FORFEITURE

Current through Register Vol. 35, No. 13, July 16, 2024
Water stored in an aquifer for subsequent diversion for
				  beneficial use pursuant to these regulations is not available for appropriation
				  and is not subject to forfeiture pursuant to NMSA 1978, 72-5-28(1907) or
				  72-12-8(1931).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.30 - USE OF RECOVERED WATER

Current through Register Vol. 35, No. 13, July 16, 2024
A permittee may use water recovered only for the same
				  place(s) and purpose(s) of use for which the diversion of the water was
				  authorized prior to storage unless a permit to change the place(s) and/or
				  purpose(s) of use has been issued by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.31 - STORAGE ACCOUNT - LIMIT ON AMOUNT OF WATER RECOVERED

Current through Register Vol. 35, No. 13, July 16, 2024
Based on the information provided in the capability report,
				  and as reported by the permittee pursuant to Section 32, the state engineer
				  will establish a storage account for each project. If the project includes
				  stored water from more than one source, a sub-account will be established for
				  each source. A permittee may recover only the amount of water, as recognized
				  and approved by the state engineer, that has reached the aquifer, remained
				  within the area of hydrologic effect, and may be recovered without impairment
				  to water rights or harm to land owners within the area of hydrologic effect,
				  unless such impairment and harm is mitigated by a method acceptable to the
				  state engineer. The permittee is solely responsible for protecting their stored
				  water.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.32 - ANNUAL REPORT TO STATE ENGINEER

Current through Register Vol. 35, No. 13, July 16, 2024
Each permittee shall file an annual report with the state
				  engineer. Upon submission of the annual report to the state engineer, the
				  permittee shall file an annual fee (subject to amendment) in the amount of
				  fifty cents ($0.50) per acre-foot of water placed in storage during the period
				  of time covered by the annual report. The annual report shall include:
A. the total quantity of water stored and
				recovered under the permit
B. the
				amount of water stored and recovered during the previous calendar
				year
C. a discussion on the water
				quality of the recharge water, the water in the receiving aquifer, and the
				recovered water
D. measurements of
				the static level of the water table (or potentiometric surface) within the area
				of hydrologic effect;
E. discussion
				on effects to surface water, including springs, seeps, and wetlands
F. discussion on the operation and
				maintenance of the facilities
G.
				discussion on the development of the project facilities
H. discussion of changes to estimates or
				parameters used in the capability report
I. discussion of any other revisions to the
				capability report
J. discussion on
				permittee's compliance with all other relevant state and federal permits
				required to operate the artificial recharge, storage, and recovery
				project;
K. list of the expiration
				dates for all other state and federal permits required to operate the recharge,
				storage and recovery facility
L.
				list of all significant deviations between monitored and modeled results for
				water level and water quality analysis
M. discussion of recommendations for changes
				to the monitoring program or the operation and maintenance of the site
				facilities that may be implemented upon approval by the state
				engineer
N. all other relevant
				information requested by the state engineer
O. a sworn affidavit attesting to the
				truthfulness and accuracy of the report
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.33 - PERMIT REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The permittee shall attend a permit review meeting with a
				  representative of the state engineer on an annual basis. The permit review
				  meeting should coincide with the submittal of the annual
				  report.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.34 - PENALTY FOR FAILURE TO FILE ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The annual report shall be maintained on a calendar year
				  basis and shall be filed with the state engineer no later than March 31 for the
				  preceding calendar year. If a permittee fails to file an annual report by the
				  deadline established on the permit, the state engineer may assess and impose a
				  penalty of Five Hundred Dollars ($500) for each month or portion of a month
				  that the report is not filed. The total penalty assessed annually pursuant to
				  this subsection shall not exceed Five Thousand Dollars
				  ($5,000).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.35 - FORM OF REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
All records and reports required to be maintained and filed
				  pursuant to these regulations shall be in a form acceptable to the state
				  engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.36 - INVESTIGATION OF A PROJECT BY THE STATE ENGINEER

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may at any time investigate and review a
				  project to determine if the permittee is complying with the terms and
				  conditions of the permit. The state engineer has the authority and duty to
				  enter upon, and to order the project owner to permit the entry upon, private
				  property at any reasonable time to inspect the various means or proposed means
				  of artificial recharge, storage, or recovery, to observe well construction and
				  plugging, to read and verify the accuracy of meters and other measuring
				  devices, and to inspect records.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.37 - SHOW CAUSE ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided herein, if the state engineer
				  has reason to believe that a permittee has violated a provision of the Act, or
				  a condition of their permit, or a rule or regulation, the state engineer may
				  issue a written notice directing that the person or governmental entity appear
				  and show cause, at a hearing held before the state engineer not less than
				  fifteen (15) days after receipt of the notice, why the person or governmental
				  entity should not be ordered to cease and desist from the violation. The notice
				  shall inform the person or governmental entity of the date, time and place of
				  the hearing, and the consequences of the person's or governmental entity's
				  failure to appear at the hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.38 - CEASE AND DESIST ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
If the state engineer finds that a person or governmental
				  entity is constructing or operating a project in violation of the Act, the
				  state engineer may issue a temporary order directing the person or governmental
				  entity to cease and desist the construction or operation pending final action
				  by the state engineer. The order shall include written notice to the person or
				  governmental entity of the date, time and place where the person or
				  governmental entity shall appear at a hearing before the state engineer to show
				  cause why the temporary order should be vacated. The hearing shall be held not
				  less than fifteen (15) days after the date of the order and otherwise in
				  accordance with the hearing procedures (19 NMAC 25.2).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.39 - ISSUANCE OF ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
After a hearing held pursuant to Sections 37 and 38, or after
				  the expiration of the time to appear, the state engineer shall issue a decision
				  and order in a form consistent with the hearing procedures under 19 NMAC 25.2.
				  If the state engineer determines that a violation has occurred, the decision
				  and order may include one or more of the following: a determination of
				  violation, an order to cease and desist, a recommendation of a civil penalty,
				  and an order directing that positive steps be taken by the permittee to abate
				  or ameliorate any harm or impairment arising from the violation. Any person or
				  governmental entity affected by such decision may appeal to the district court
				  pursuant to NMSA 1978,
				  72-7-1.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.40 - CONTINUING VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
If a person or governmental entity continues a violation
				  after the state engineer has issued a decision and order pursuant to Section
				  39, the state engineer may apply for a temporary restraining order or a
				  preliminary or permanent injunction from the district court. Such action does
				  not preclude the state engineer from seeking other forms of relief or
				  enforcement against a violator.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.41 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A person or governmental entity determined to be in violation
				  of the Act, the terms or conditions of a permit issued, or the rules and
				  regulations of the state engineer may be assessed a civil penalty. An action to
				  recover penalties pursuant to this section shall be brought by the state
				  engineer in the district court for the County in which the violation occurred.
				  The civil penalty shall be in an amount not exceeding:
A. One Hundred Dollars ($100) per day of
				violation not directly related to the illegal recovery or use of stored water;
				or
B. Ten Thousand Dollars
				($10,000) per day of violation directly related to the illegal recovery or use
				of stored water.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.42 - PERMIT - REVOCATION AND/OR SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer may permanently revoke or temporarily
				  suspend a permit for good cause after an investigation and hearing pursuant to
				  the provisions of 19 NMAC 25.2. Notice shall be sent by certified mail to the
				  permittee at least thirty (30) days before any hearing on a revocation or
				  suspension based on the permittee's alleged failure to comply with the terms
				  and conditions of the permit. Upon revocation of a permit by the state
				  engineer, the permittee has the right to withdraw all waters within storage
				  that are recognized as recoverable. The method of withdrawal must be acceptable
				  to the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.43 - CONSERVATION FEE EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Conservation fees collected pursuant to NMSA 1978,
				  74-1-13(1993) shall be charged only on water that is treated and stored
				  underground and not on the same water subsequently recovered.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.44 - OBLIGATIONS TO INDIAN NATIONS, TRIBES OR PUEBLOS

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing in these regulations shall be construed to impair the
				  rights of Indian nations, tribes or pueblos or affect the obligations of the
				  United States to them.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.45 - NON-EXEMPTION FROM PRIOR APPROPRIATION DOCTRINE

Current through Register Vol. 35, No. 13, July 16, 2024
Unless required by interstate obligations, nothing in these
				  regulations shall be construed to exempt stored water from the rule that
				  priority in time shall give the better right, pursuant to Chapter 72 NMSA 1978,
				  or that priority of appropriation shall give the better right, pursuant to
				  Article 16, Section 2 of the Constitution of New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.46 - LIMITATION OF DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any determination made by the state engineer for purposes of
				  the Underground Storage and Recovery Regulations, including the validity or
				  non-validity of a water right, is not binding in any other proceeding separate
				  from the Underground Storage and Recovery Regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.47 - REQUEST FOR VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A variance to these regulations may be requested in writing
				  by an authorized applicant or permittee. The request shall include a detailed
				  justification for the variance and shall demonstrate that such a variance is
				  necessary to preclude unreasonable hardship or that application of the
				  regulations would not be practicable. The state engineer may grant the variance
				  if the request is found to be reasonable and just. The state engineer shall
				  respond in writing to the request for variance and, if the variance if granted,
				  the state engineer may impose terms and conditions.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.48 - KNOWLEDGE OF AND COMPLIANCE WITH RELEVANT STATUTES, RULES, REGULATIONS, AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be the responsibility of each applicant and
				  permittee to know of and comply with all applicable statutes, rules,
				  regulations, and codes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 8 - GROUND WATER STORAGE AND RECOVERY ACT › Section 19.25.8.49 - STATE ENGINEER OPTION TO REVISE REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations may be modified as needed to assist in
				  administering Underground Storage and Recovery Permits. Any major revision to
				  these regulations will be duly published and presented for public comment.
				  Removal of a regulation or a section of these regulations, whether by a court
				  or by the state engineer, shall not affect the validity of the remaining
				  regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the State Engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all geographic areas within the
				  jurisdiction of the state engineer. This rule shall not be construed to limit
				  or otherwise alter the jurisdiction, power, or authority of the state
				  engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  72-2-1
				  NMSA 1978 grants the state engineer the general supervision of waters of the
				  state. Section
				  72-2-8
				  NMSA 1978 grants the state engineer the authority to adopt regulations and
				  codes, and to issue orders that are necessary to accomplish its duties.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent; until later amended, repealed or
				  replaced.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 31, 2003, unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to place restrictions on wells
				  and transfers of either surface water or ground water within the boundaries of
				  certain areas as determined by the state engineer in the interest of safety and
				  the protection of life and property within the state of New
				  Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in this rule have
				  the same meanings as set forth in Chapter 72 NMSA 1978. Unless defined below or
				  in a specific section, all other words used in these regulations shall be given
				  their customary and accepted meanings: "Superfund" means federal and state laws
				  designed to clean up sites where past, improper disposal of hazardous
				  substances caused soil, surface water and ground water
				  contamination.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.8 - PROHIBITED ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be unlawful for any person or persons to drill new
				  wells, or transfer either surface water or ground water to existing wells in
				  any areas designated by the state engineer as restricted from such
				  activities.