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

REQUESTING THE STATE ENGINEER TO REPORT DOMESTIC WELL INFORMATION TO THE INTERIM WATER AND NATURAL RESOURCES COMMITTEE.

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 consideration of impairment, public welfare and conservation; and

WHEREAS, the number of these domestic wells approved has been steadily increasing; and

WHEREAS, for the fiscal year 1999, 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 a single domestic well may be de minimus; and

WHEREAS, even though a single domestic well has minimal impact, hundreds or thousands of wells in a critical basin or area can impact existing senior water rights held by acequias, municipalities, irrigators and Indian pueblos or tribes; and

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

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

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

WHEREAS, a portion of these wells approved for livestock purposes has been allegedly used to fill lakes for esthetic experiences within a commercial subdivision; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the state engineer be requested to report to the interim water and natural resources committee the following:

A. the number and general location of domestic well applications on file with the office of the state engineer;

B. the estimated potential impact of these wells on streams and interstate compacts;

C. examples of domestic wells being used for fisheries, esthetic and other purposes not consistent with the intent of Section 72-12-1 NMSA 1978;

D. areas of the state in which domestic wells do not now impact other appropriators;

E. proposed regulations relating to capping and plugging of abandoned wells; and

F. any proposed changes to Section 72-12-1 NMSA 1978 that the state engineer may deem necessary as a result of the report to the interim committee; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the state engineer.