45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO WATER; PROVIDING FOR CHANGE IN LOCATION OR USE OF A WATER RIGHT FROM A DOMESTIC WELL TO A MUTUAL DOMESTIC WATER CONSUMER ASSOCIATION.

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

Section 1. A new section of Chapter 72, Article 12 NMSA 1978 is enacted to read:

"[NEW MATERIAL] APPLICATIONS--TRANSFER OF DOMESTIC WELL PERMIT--MUTUAL DOMESTIC WATER CONSUMER ASSOCIATION.--

A. Any member of an existing mutual domestic water consumer association who is neither the holder of a permit issued pursuant to Section 72-12-1 NMSA 1978 nor the owner of a well permitted pursuant to that section may apply for a permit pursuant to Section 72-12-1 NMSA 1978 for domestic purposes of use. A permit shall be issued pursuant to this subsection only under the following conditions:

(1) the mutual domestic water consumer association shall be organized pursuant to the Sanitary Projects Act;

(2) the permit shall provide that the point of diversion for the permit is that of the well of the mutual domestic water consumer association;

(3) the permit shall provide the place of use as being within the service area of the mutual domestic water consumer association;

(4) the permit shall provide that the amount of water is limited to a diversion not to exceed seven-tenths acre-feet per annum for domestic uses for the mutual benefit of the permit holder and the mutual domestic water consumer association;

(5) upon being issued a permit pursuant to this subsection a member of the mutual domestic water consumer association cannot obtain any other permit pursuant to Section 72-12-1 NMSA 1978 for the same household; and

(6) the uses of water permitted under the permit shall be the same as the uses permitted for any well issued pursuant to Section 72-12-1 NMSA 1978.

B. A member of a mutual domestic water consumer association who is the owner of a well permitted pursuant to Section 72-12-1 NMSA 1978 may apply to the state engineer for a permit to change the point of diversion of seven-tenths acre-feet per annum to the mutual domestic water consumer association pursuant to this section for domestic purposes of use. A permit shall be issued pursuant to this subsection only under the following conditions:

(1) the conditions set forth in Subsection A of this section are fulfilled; and

(2) the member's well shall be plugged pursuant to the rules of the state engineer."