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 19.27.5.11 - OTHER 72-12-1.1 DOMESTIC WELL PERMIT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Other
				  72-12-1.1
				  domestic well permit applications may be made only as specifically provided for
				  in this section. Permit applications made in accordance with this section
				  require an existing
				  72-12-1.1
				  domestic well permit in good standing. Applications shall be prepared on a form
				  prescribed by the state engineer and the applicant shall be the owner of record
				  of the
				  72-12-1.1
				  domestic well permit. The description of the well location shall be made in
				  accordance with Subsection B of
				  19.27.5.9
				  NMAC. The publication of a legal notice is not required for a permit
				  application made in accordance with Subsection A, B, C, or D of this section. A
				  permit issued pursuant to Subsections A, B, or C of this section for an
				  existing
				  72-12-1.1
				  domestic well permit in good standing will not affect the maximum authorized
				  diversion amount from the
				  72-12-1.1
				  domestic well. No change may be made to the point of diversion, place of use,
				  or purpose of use authorized under a
				  72-12-1.1
				  domestic well permit except as provided for in Subsection E of this
				  section.
A. Application for permit to
				replace a
				72-12-1.1
				domestic well: A permit from the state engineer is required to drill a
				replacement
				72-12-1.1
				domestic well. The state engineer shall require the well being replaced to be
				plugged or capped in accordance with the regulations of the office of the state
				engineer. The replacement well shall be permitted by the state engineer to
				serve the same authorized legal lot(s) of record and to serve the same type of
				domestic use as the
				72-12-1.1
				domestic well being replaced. An application shall include the file number of
				the well to be replaced, the name and mailing address of the applicant, the
				type of domestic use, the location of the existing well, the proposed location
				of the replacement well, the name of the owner of the land on which the
				replacement well is to be drilled, the name and license number of the well
				driller (if known), the proposed depth of the replacement well, the outside
				diameter of the replacement well casing, the reason for replacing the well, and
				other information the state engineer deems necessary. The state engineer may
				require a meter on a replacement
				72-12-1.1
				domestic well as a condition of the new permit.
B. Application for permit for supplemental
				72-12-1.1
				domestic well: A permit from the state engineer is required to drill a
				supplemental
				72-12-1.1
				domestic well. The total combined diversion from the
				72-12-1.1
				domestic well and the supplemental well shall not exceed the maximum diversion
				amount authorized under the
				72-12-1.1
				domestic well permit. An application shall include the name and mailing address
				of the applicant, the type of domestic use, the state engineer file number, the
				location of the existing well, the authorized maximum diversion amount of the
				domestic well to be supplemented, the existing capacity of the well to be
				supplemented, the proposed location of the supplemental well, the name of the
				owner of the land on which the supplemental well is to be drilled, the name and
				license number of the well driller (if known), the proposed depth of the
				supplemental well, the outside diameter of the supplemental well casing, and
				other information the state engineer deems necessary. The state engineer shall
				require the installation of a meter on both the supplemental well and the
				72-12-1.1
				domestic well being supplemented as a condition of the new permit.
C. Application for permit to repair or deepen
				a
				72-12-1.1
				domestic well: A permit from the state engineer is required to repair or deepen
				a
				72-12-1.1
				domestic well. A permit to repair a
				72-12-1.1
				domestic well is required for any type of repair work involving the use of a
				drill rig. A permit is not required for work on pumping equipment. An
				application shall include the state engineer file number of the
				72-12-1.1
				domestic well to be deepened or repaired, the name and mailing address of the
				permit holder, the location of the well, the name and license number of the
				well driller (if known), a description of the work to be performed, the
				proposed depth (if the application is for deepening the well), and other
				information the state engineer deems necessary. The state engineer may require
				a meter on a
				72-12-1.1
				domestic well to be repaired or deepened as a condition of the new
				permit.
D. Application for permit
				to amend the type of domestic use of a
				72-12-1.1
				domestic well permit: A permit from the state engineer is required to amend the
				type of domestic use between single household, multiple household, or drinking
				and sanitary uses that are incidental to the operations of a governmental,
				commercial, or non-profit facility. An application shall include the state
				engineer file number of the
				72-12-1.1
				domestic well permit, the name and mailing address of the applicant, the
				current authorized type of domestic use, the proposed type of domestic use, and
				other information deemed necessary by the state engineer. The state engineer
				may require a meter on a
				72-12-1.1
				domestic well as a condition of the new permit when the type of domestic use is
				changed.
E. Change in point of
				diversion or alternate point of diversion: The point of diversion of a
				permitted, declared, or adjudicated
				72-12-1.1
				domestic well may be changed only:
(1)
				pursuant to a water rights settlement approved by the state engineer and a
				court, for those wells drilled prior to a date specified and in a manner
				specifically authorized by the settlement, where such settlement requires the
				plugging of each
				72-12-1.1
				domestic well for which the point of diversion is changed and prohibits the
				drilling of new
				72-12-1.1
				domestic wells within the specifically described exclusive service area;
				or
(2) pursuant to
				72-12-7
				NMSA by an owner of a
				72-12-1.1
				domestic well located within the infrastructure capacity area of an
				association, to change the point of diversion into a well owned and operated by
				an association in accordance with the following provisions:
(a) the change in point of diversion shall be
				made upon application to the state engineer and upon a showing that the change
				will not impair existing rights and will not be contrary to conservation of
				water within the state and will not be detrimental to the public welfare of the
				state; the application may be granted only after notice and opportunity for
				hearing are provided as prescribed by Subsection D of Section
				72-12-3
				NMSA;
(b) an association that
				allows the point of diversion of a domestic well to be changed to that of an
				association's well shall file with the state engineer at the time of
				application a map depicting the boundaries of the association's infrastructure
				capacity area and updated maps of any expansion of the boundaries of the
				association's infrastructure capacity area, if not already on file;
(c) only domestic wells located within the
				boundaries of the infrastructure capacity area of the association that were
				permitted prior to the time the association files its infrastructure capacity
				area boundaries or an update of those boundaries with the state engineer may
				have their points of diversion changed to the association's point of
				diversion;
(d) once the association
				files its infrastructure capacity area map or updated map with the state
				engineer, the state engineer shall issue permits only for new domestic wells to
				be located on property from which no domestic well point of diversion has been
				previously changed; exceptions will be considered only if necessitated by
				public health, safety and welfare concerns;
(e) an association shall be listed as
				co-applicant on the application.