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SPONSOR: |
Varela |
DATE TYPED: |
|
HB |
307 |
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SHORT TITLE: |
Domestic Well Management |
SB |
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ANALYST: |
Chabot |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
$350.0 (see Narrative) |
Recurring |
General
Fund |
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Related to SB 484 on
domestic well permits.
Related to HB 303 and SB
123 on requiring acequia or community ditch approval to transfer water out of
the acequia or community ditch.
LFC Files
Responses
Received From
Energy,
Minerals and Natural Resources Department (EMNRD)
New
Mexico Environment Department (NMED)
Office
of the State Engineer (OSE)
SUMMARY
Synopsis
of Bill
House Bill 307 amends
Section 72-12-1 NMSA 1978 concerning underground waters stating they belong to
the public and eliminates subsections A and B. and adds Sections 72-12.1.1
through 72-12.1.3 covering the permitting process.
Section 72-12.1.1
pertains to domestic well permits in critical management areas. Restrictions are included as to size of the
acreage of gardens, with municipal boundaries and consideration on the impact
of neighboring wells. It limits water
use to one-fourth acre-foot per household in critical management area. It also provides for approval by acequia or
community ditch associations if a water right is to be transferred out of the
acequia or community ditch association.
Section 72.12.1.2
pertains to livestock well permits and requires that applicants have proof that
they have permission to use the land for grazing prior to requesting a permit
for livestock wells.
Section 72.12.1.3
pertains to temporary uses of up to three acre-feet of water not to exceed a period
of one year. OSE must assess whether the
water use will impact over users and, if it does, a public hear will be held
before approval.
Significant
Issues
In testimony to the House Appropriations and Finance Committee, the State Engineer stated he supports the bill because it amends Section 72-12-1 to allow for denial of a domestic well permit if it impairs rivers, streams or ground water in high water use areas. Currently, OSE does not have the authority to deny domestic well permits. The bill also allows transfer of existing well permits as long as they do not exceed 0.25 acre-feet of annual use. In addition the proposed transfer cannot create depletions to the system greater than would have occurred in the absence of the transaction. The transfer must also comply with applicable municipal, county or acequia requirements. The bill provides for livestock wells but does not specify an amount and does not give OSE the authority to deny a livestock well permit even if it impairs rivers, streams or groundwater.
EMNRD points out that no provision is made for restricting livestock watering wells in critical management areas or for plugging and abandoning temporary use wells. In addition, state parks may need to purchase water right to support development that might otherwise been supported using domestic well permits.
ADMINISTRATIVE IMPLICATIONS
OSE processes
approximately 5,000 domestic well permits annually. Because they cannot be denied, only minimal
review and evaluation is done. This bill
would require a thorough evaluation of all domestic well permit applications
including analysis of impacts and impairments to existing users and the rivers,
streams and groundwater of the water basin.
OSE estimates that 5 FTE and other expenses would be required to comply
with the requirements of this bill.
TECHNICAL ISSUES
OSE recommends that the bill be amended to
specify the maximum amount of water that can be authorized by livestock well
permits be limited to 3 acre-feet as provided in the current statute.
OSE recommends striking Section 72-12-1.1E(4) as they are in House Bill 303 and the duplicate
Senate Bill 123.
GAC/prr