45th legislature - STATE OF NEW MEXICO - second session, 2002
RELATING TO WATER; ESTABLISHING CONDITIONS FOR PERMITS FOR THE USE OF UNDERGROUND WATERS; AMENDING SECTION 72-12-1 NMSA 1978 (BEING LAWS 1931, CHAPTER 131, SECTION 1, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 72-12-1 NMSA 1978 (being Laws 1931, Chapter 131, Section 1, as amended) is amended to read:
"72-12-1. UNDERGROUND WATERS DECLARED TO BE PUBLIC--APPLICATIONS FOR USE TO STATE ENGINEER--HEARINGS.--
A. The water of underground streams, channels, artesian basins, reservoirs or lakes, having reasonably ascertainable boundaries, are declared to be public waters and to belong to the public and to be subject to appropriation for beneficial use.
B. By reason of the varying amounts and time such
water is used and the relatively small amounts of water
consumed in the watering of livestock; [in irrigation of not
to exceed one acre of noncommercial trees, lawn or garden] in
household or other domestic use that may include a residential
lawn or garden not to exceed one acre in size; and in
prospecting, mining or construction of public works, highways
and roads or drilling operations designed to discover or
develop the natural resources of the state, application for
any such use shall be governed by the following provisions:
[A.] (1) a person, firm or corporation
desiring to use public waters described in this section for
watering livestock [for irrigation of not to exceed one acre
of noncommercial trees, lawn or garden] or for household or
other domestic use that may include a residential lawn or
garden not to exceed one acre in size shall make application
to the state engineer on a form to be prescribed by him;
(2) upon the filing of each application
describing the use applied for, the state engineer shall issue
a permit to the applicant to so use the waters applied for;
provided that permits for domestic water use within
municipalities shall be conditioned to require the permittee
to comply with all applicable municipal ordinances enacted
pursuant to Chapter 3, Article 53 NMSA 1978; and [provided
that]
(3) as part of an application for livestock watering use on state or federal land, the applicant shall submit proof that he:
[(1)] (a) is legally entitled to place
his livestock on the state or federal land where the water is
to be used; and
[(2)] (b) has been granted access to
the drilling site and has permission to occupy the portion of
the state or federal land as is necessary to drill and operate
the well. [and
B.] C. In those areas of the state where there
is no unappropriated water for appropriation and where use
of water may affect the state's obligations pursuant to an
interstate compact, the state engineer may:
(1) deny a permit for a new domestic well;
(2) issue a permit with a limit on the amount of water allowed to be produced from the domestic well; or
(3) issue a permit with the requirement that a meter be installed and the permit holder file annual records of water use with the state engineer.
D. Whenever a person, firm or corporation or the
state desires to use public water described in this section
in an amount not to exceed three acre-feet [of public water
described in this section] for a definite period of not to
exceed one year in prospecting, mining or construction of
public works, highways and roads or drilling operations
designed to discover or develop the natural mineral
resources of the state, only the application referred to in
Section 72-12-3 NMSA 1978 shall be required. Separate application shall be made for each proposed use, whether in the same or in different basins. Upon the filing of an application, the state engineer shall make an examination of the facts and, if he finds that the proposed use will not permanently impair any existing rights of others, he shall grant the application. If he finds that the proposed use sought will permanently impair such rights, then there shall be advertisement and hearing as provided in the case of applications made under Section 72-12-3 NMSA 1978."