44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE STATE ENGINEER TO REPORT TO THE WATER AND NATURAL RESOURCES COMMITTEE ON THE IMPACT OF AND PROBLEMS ASSOCIATED WITH DOMESTIC WELLS IN NEW MEXICO.

WHEREAS, for the past five decades, the state engineer has issued permits for domestic wells for domestic, livestock and commercial purposes pursuant to Section 72-12-1 NMSA 1978 without considering the issues of impairment, public welfare or conservation; and

WHEREAS, the number of domestic wells in the state has been steadily increasing; and

WHEREAS, in fiscal year 1998-1999 alone the state engineer approved five thousand seven hundred thirty-four domestic wells; and

WHEREAS, many of these wells have been drilled in critical stream-connected basins; and

WHEREAS, the impact of any one domestic well individually may be de minimus; and

WHEREAS, hundreds or thousands of domestic wells in a critical basin can impact existing senior water rights held by acequias, municipalities, irrigators and Indian nations, tribes or pueblos; and

WHEREAS, these wells can also impact New Mexico's interstate compact delivery obligations; and

WHEREAS, domestic wells in many of rural areas of the state are likely not concentrated or located so as to conflict with or impact other appropriators' water rights; and

WHEREAS, a portion of these wells approved for livestock purposes has allegedly been used to fill lakes for the raising of fish or for the beautification of commercial subdivisions; and

WHEREAS, a portion of these wells has been abandoned without capping or plugging, creating potential safety hazards and sources of water contamination;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the state engineer report to the interim legislative water and natural resources committee the number and general location of domestic wells applied for with the office of the state engineer; an estimate of the potential impact of those wells on streams and the interstate compact water deliveries; examples of where domestic wells are being used for fisheries, aesthetic and other purposes not consistent with statute; areas of the state that domestic wells do not now impact other appropriators; proposed rules relating to capping and plugging of abandoned wells; and necessary statutory changes concerning problems associated with domestic wells; and

BE IT FURTHER RESOLVED that a copy of this memorial be sent to the New Mexico legislative council, the chairman of the water and natural resources committee and the state engineer.