SENATE BILL 262
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Carlos R. Cisneros
AN ACT
RELATING TO WATER; AMENDING A SECTION OF THE NMSA 1978 TO PROVIDE FOR STATE ENGINEER AUTHORITY OVER UNDERGROUND NONPOTABLE WATER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 72-12-25 NMSA 1978 (being Laws 1967, Chapter 86, Section 1) is amended to read:
"72-12-25. CERTAIN AQUIFER EXCLUDED FROM BASIN.--
A. No [past or future] order [of] issued by the state engineer prior to the effective date of this 2008 act declaring an underground water basin having reasonably ascertainable boundaries shall include water in an aquifer, the top of which aquifer is at a depth of [twenty-five] two thousand five hundred feet or more below the ground surface at any location at which a well is drilled and which aquifer contains nonpotable water.
B. "Nonpotable water", for the purpose of [this act] Sections 72-12-25 through 72-12-28 NMSA 1978, means water containing not less than one thousand parts per million of dissolved solids.
C. Upon the effective date of this 2008 act and upon the state engineer's declaration of an underground water basin having reasonably ascertainable boundaries to include water in an aquifer, the top of which aquifer is at a depth of two thousand five hundred feet or more below the ground surface at any location at which a well is drilled and which aquifer contains nonpotable water, thereafter all appropriations of water from such an aquifer for:
(1) oil and gas exploration and production or beneficial use for geothermal use shall be subject to Sections 72-12-26 through 72-12-28 NMSA 1978; and
(2) all other beneficial uses shall be subject to Sections 72-12-1 through 72-12-24 NMSA 1978.
D. Nothing in this section shall affect the disposal of produced water pursuant to Paragraph (15) of Subsection B of Section 70-2-12 NMSA 1978 and Section 70-2-12.1 NMSA 1978."
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