SENATE BILL 901

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO WATER; PROVIDING FOR CHANGING THE POINT OF DIVERSION OF DOMESTIC WELLS TO WELLS OWNED AND OPERATED BY CERTAIN WATER ASSOCIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 72-12-7 NMSA 1978 (being Laws 1931, Chapter 131, Section 7, as amended) is amended to read:

     "72-12-7. CHANGE OF LOCATION OF WELL--CHANGE IN USE ON APPLICATION--TEMPORARY CHANGE.--

          A. The owner of a water right may change the location of [his] a well or change the use of the water, but only upon application to the state engineer and upon showing that the change will not impair existing rights and will not be contrary to the 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 such advertisement and hearing as are prescribed in the case of original applications.

          B. When the owner of a water right applies for a temporary change of not to exceed one year for not more than three acre-feet of water to a different location or to a different use, or both, the state engineer shall make an investigation and, if the change does not permanently impair any vested rights of others, [he] the state engineer shall enter an order authorizing the change. If [he] the state engineer finds that the change sought might impair vested rights, [he] the state engineer shall order advertisement and hearing as in other cases.

          C. If objections or protests have been filed within the time prescribed in the notice or if the state engineer is of the opinion that the permit should not be issued, the state engineer may deny the application or, before [he acts] acting on the application, may order that a hearing be held. [He] The state engineer shall notify the applicant of [his] the action by certified mail sent to the address shown in the application.

          D. A person may change the point of diversion of water diverted from a well permitted for domestic purposes pursuant to Section 72-12-1.1 NMSA 1978, or a well permitted before June 20, 2003 for the same purposes pursuant Section 72-12-1 NMSA 1978, into a well owned and operated by a community water association organized pursuant to the Sanitary Projects Act or the Water and Sanitation District Act, provided that the well is located within the service area of the water association. The change 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 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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