New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 5 - THE USE OF PUBLIC UNDERGROUND WATERS FOR HOUSEHOLD OR OTHER DOMESTIC USE IN ACCORDANCE WITH SECTION 72-12-1.1 NMSA › Section 19.27.5.13 - ACTION OF THE STATE ENGINEER

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer shall act on all applications that are
				  properly filed.
A. Rejection of
				application: The state engineer may reject an application for a
				72-12-1.1
				domestic well permit when the proposed
				72-12-1.1
				domestic well is to be located in an area where a restriction on the use of
				water or the drilling of new wells has been imposed by a court. The state
				engineer may reject an application for a
				72-12-1.1
				domestic well permit when the proposed
				72-12-1.1
				domestic well is to be located in an area of water quality concern where a
				prohibition on or a recommendation against the drilling of new wells has been
				established by a government entity.
B. Approval of application - conditions of
				approval: The state engineer may set forth conditions of approval for a
				72-12-1.1
				domestic well permit, which may include any of the following:
(1) The casing shall not exceed 7 inches
				outside diameter except under specific conditions in which reasons satisfactory
				to the state engineer are shown.
(2) The well shall be set back a minimum of
				50 feet from any existing well of other ownership.
(3) If artesian water is encountered, all
				rules and regulations pertaining to the drilling and casing of artesian wells
				shall be complied with except under specific conditions in which reasons
				satisfactory to the state engineer are shown.
(4) The well shall be constructed by a
				driller licensed in the state of New Mexico. A licensed driller shall not be
				required for the construction of a driven well when the outside diameter of the
				casing does not exceed two and three-eighths (2 3/8) inches.
(5) Pursuant to Section
				72-8-1
				NMSA, the permittee shall allow the state engineer and his representatives
				entry upon private property for the performance of their respective duties,
				including access to the well for meter reading and water level
				measurement.
(6) The drilling of
				the well and amount and uses of water permitted are subject to such limitations
				as may be imposed by the courts or by lawful municipal and county ordinances
				which are more restrictive than the conditions of this permit and applicable
				state engineer regulations.
(7)
				This permit authorizes the drilling of a well to accompany a house or other
				dwelling being constructed for sale. Water may only be diverted for activities
				directly related to the construction of the dwelling that the well will serve.
				Upon sale of the house or dwelling, the permit holder shall provide the new
				owner notice in writing of the requirement to file a change of ownership with
				the state engineer for the
				72-12-1.1
				domestic well permit. A copy of the notice shall be filed at the office of the
				state engineer along with a copy of the deed or other instrument of conveyance
				which conveyed the land upon which the
				72-12-1.1
				domestic well is located. This condition shall automatically expire when the
				office of the state engineer accepts a change of ownership for filing in the
				name of the new owner intending to divert water from the well. No water may be
				diverted from the
				72-12-1.1
				domestic well by the new owner until a change of ownership has been recorded at
				the office of the state engineer.
(8) The permit holder shall ensure that a
				well record has been filed with the state engineer no later than twenty days
				after the completion of the well drilling.
(9) Any diversion of water made in excess of
				the authorized maximum diversion amount in any calendar year shall be repaid
				with twice the amount of the over-diversion during the following calendar year.
				Repayment shall be made by either: (a) reducing the diversion during the
				following calendar year from the
				72-12-1.1
				domestic well that is the source of the over-diversion; or (b) acquiring or
				leasing a valid, existing consumptive use water right in an amount equal to the
				repayment amount and submitting to the state engineer for his approval a plan
				for the proposed repayment during the following calendar year. The plan for the
				proposed repayment shall be on a form prescribed by the state
				engineer.
(10) The permit is
				subject to cancellation for non-compliance with the conditions of approval or
				if otherwise not exercised in accordance with the terms of the
				permit.
(11) The right to divert
				water under this permit is subject to curtailment by priority administration as
				implemented by the state engineer or a court.
(12) A
				72-12-1.1
				domestic well permit shall automatically expire unless the well is completed
				and the well record is filed with the state engineer within one year of the
				date of issuance of the permit.