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 19.27.5.9 - APPLICATION FOR A 72-12-1.1 DOMESTIC WELL PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
The following requirements apply to applications filed for
				  72-12-1.1
				  domestic well permits. In addition to the requirements listed in this section
				  and part, the drilling of a
				  72-12-1.1
				  domestic well and the amount and uses of water permitted are subject to such
				  additional or more restrictive limitations imposed by a court, or by lawful
				  municipal or county ordinance.
A. Form
				- content: An application for a
				72-12-1.1
				domestic well permit shall be prepared on a form prescribed by the state
				engineer. An application shall include the following information: the name and
				mailing address of the applicant, the type of domestic use being applied for,
				the number of households to be served, the location of the proposed well, the
				name of the owner of the land on which the well is to be drilled, the name and
				license number of the well driller (if known), the proposed depth of the well,
				the outside diameter of the well casing, and other information the state
				engineer deems necessary. The state engineer may require an application to be
				accompanied by a deed or purchase contract and plat of survey on file with the
				appropriate county.
B. Well
				location: The well location shall be described using universal transverse
				mercator (NAD 83), latitude and longitude, or the New Mexico state plane
				coordinate system. In addition, the well location shall be described by the lot
				and block number of the lot where the well is to be located (if applicable). An
				application to drill a well on land owned by another person, the state of New
				Mexico, the federal government, or another entity shall be accompanied by
				written consent of the landowner.
C. Multiple use well: A
				72-12-1.1
				domestic well permit may be conditioned to allow the diversion of water from an
				existing well previously permitted for livestock, irrigation, or any other
				beneficial purpose of use other than domestic use. The diversion of water from
				a multiple use well made pursuant to a
				72-12-1.1
				domestic well permit shall be separately metered.
D. Amount of water: The drilling of a
				72-12-1.1
				domestic well and the amount and uses of water permitted are subject to such
				additional or more restrictive limitations imposed by a court, or by lawful
				municipal or county ordinance. The maximum permitted diversion of water from a
				72-12-1.1
				domestic well that is not subject to additional or more restrictive limitations
				shall be as follows:
(1) Single household:
				The maximum permitted diversion of water from a
				72-12-1.1
				domestic well permitted to serve one household shall be 1.0 acre-foot per
				annum, except in hydrologic units where applicant can demonstrate to the
				satisfaction of the state engineer that the combined diversion from domestic
				wells will not impair existing water rights, then the maximum permitted
				diversion of water from a
				72-12-1.1
				domestic well permitted to serve one household shall be 3.0 acre-foot per
				annum.
(2) Multiple households: The
				maximum permitted diversion of water from a
				72-12-1.1
				domestic well permitted to serve more than one household shall not exceed 1.0
				acre-foot per annum per household served. The maximum combined diversion from a
				72-12-1.1
				domestic well serving three or more households shall not exceed 3.0 acre-feet
				per annum. For a
				72-12-1.1
				domestic well serving multiple households, the permit holder shall file
				documentation with the state engineer listing the number of households being
				served by the well, the owner's contact information for each household being
				served, and a description of the legal lot of record for each household being
				served. A copy of a well share agreement may be filed to support the claim that
				the
				72-12-1.1
				domestic well is serving more than one household.
(3) Drinking and sanitary uses that are
				incidental to the operations of a governmental, commercial, or non-profit
				facility: The maximum permitted diversion of water from a
				72-12-1.1
				domestic well permitted for drinking and sanitary uses that are incidental to
				the operations of a governmental, commercial, or non-profit facility shall not
				exceed 1.0 acre-foot per annum. The state engineer shall not issue a permit for
				this use unless the applicant demonstrates that no alternative water supply is
				reasonably accessible or available. Water may not be used under this type of
				72-12-1.1
				domestic well permit for any commercial use such as the manufacture of a
				product, car wash, water bottling, concrete batching, or the irrigation of
				crops grown for commercial sale.
(4) Transfer of a valid, existing water right
				into a
				72-12-1.1
				domestic well permit: The applicant for or the owner of a
				72-12-1.1
				domestic well permit may apply to transfer a valid, existing consumptive use
				water right into the
				72-12-1.1
				domestic well permit in accordance with Sections
				72-5-23,
				72-5-24,
				72-12-3,
				and
				72-12-7
				NMSA, as applicable, for the purpose of increasing the permitted diversion from
				the
				72-12-1.1
				domestic well.