HOUSE BILL 816

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO WATER; AMENDING THE GROUND WATER STORAGE AND RECOVERY ACT; PROVIDING FOR AQUIFER CONSERVATION RE-INJECTION PERMITS.

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

     Section 1. Section 72-5A-3 NMSA 1978 (being Laws 1999, Chapter 285, Section 3, as amended) is amended to read:

     "72-5A-3. DEFINITIONS.--As used in the Ground Water Storage and Recovery Act:

          A. "aquifer" means a geologic formation that contains sufficient saturated material to be capable of storing and transmitting water in usable quantities to a well;

          B. "aquifer conservation re-injection project" means a project by a water user through which the water user re-injects potable water into an aquifer to reduce the net effects of the user's withdrawals from the aquifer and reduce the effects on other water users from the user's withdrawals;

          [B.] C. "area of hydrologic effect" means the underground area where the water is stored and located, hydrologically connected surface waters, adjacent underground areas in which water rights exist that may be impaired, the land surface above the underground areas and any additional land surface used for seepage or infiltration;

          [C.] D. "governmental entity" means the interstate stream commission, an Indian nation, tribe or pueblo or state political subdivision, including a municipality, county, acequia, irrigation district or conservancy district;

          [D.] E. "project" means a permitted, engineered facility designed specifically, constructed and operated pursuant to the Ground Water Storage and Recovery Act, to add measured volumes of water by injection or infiltration to an aquifer or system of aquifers, to store the water underground and to recover it for beneficial use pursuant to the Ground Water Storage and Recovery Act but shall not include in situ leach mining operations or water flood operations for petroleum recovery that require approval by the state engineer outside the Ground Water Storage and Recovery Act; and

          [E.] F. "stored water" means water that has been stored underground for the purpose of recovery and permitted pursuant to the Ground Water Storage and Recovery Act."

     Section 2. Section 72-5A-4 NMSA 1978 (being Laws 1999, Chapter 285, Section 4) is amended to read:

     "72-5A-4. PERMIT REQUIRED.--

          A. No governmental entity may construct and operate a storage and recovery project in a declared ground water basin without a permit from the state engineer and other permits that may be required.

          B. The state engineer shall prescribe application forms for a permit. The application shall include:

                (1) an application fee in the amount of five thousand dollars ($5,000) plus five dollars ($5.00) per acre-foot of the annual capacity of the proposed storage and recovery project, not to exceed fifty thousand dollars ($50,000); an annual fee of fifty cents ($.50) per acre-foot of water stored, payable upon submission of the annual report required by the Ground Water Storage and Recovery Act;

                (2) the name and mailing address of the applicant;

                (3) the name and mailing address of the owner of the land on which the applicant proposes to operate the project;

                (4) the name of the declared underground water basin in which the applicant proposes to operate the project;

                (5) the legal description of the location of the proposed project;

                (6) evidence of financial and technical capability;

                (7) the source, annual quantity and quality of water proposed to be injected and the quality of water in the receiving aquifer;

                (8) the identification, characteristics, capacity and location of each recharge and recovery well, including existing pre-basin wells, existing permitted wells and new wells sought to be drilled for recharge or recovery pursuant to the application and the identification of existing permitted and declared wells in the underground area [effected] affected by storage and recovery operations;

                (9) a description of the proposed project, including its capacity, plan of operation and percentage of anticipated recoverable water;

                (10) evidence that the applicant has a valid water right quantified by one of the following legal processes:

                     (a) a water rights adjudication;

                     (b) a consent decree;

                     (c) an act of congress, including a negotiated settlement ratified by congress;

                     (d) a contract pursuant to 43 U.S.C. 620 et. seq.; or

                     (e) an agreement with an owner who has a valid water right subject to an application for a change in purpose, place of use or point of diversion;

                (11) a project plan that:

                     (a) shows that the project will not cause harm to users of land and water within the area of hydrologic effect;

                     (b) demonstrates that the project is hydrologically feasible;

                     (c) demonstrates that the project will not impair existing water rights or the state's interstate obligations;

                     (d) demonstrates that the project will not be contrary to the conservation of water within the state; and

                     (e) demonstrates that the project will not be detrimental to the public welfare of the state;

                (12) a sworn statement executed by the owner of the land that the applicant is granted an easement and authorization to construct and operate the project on the site, if project facilities are located on land not owned by the applicant;

                (13) copies of completed applications for all other permits required under state and federal law;

                (14) the proposed duration of the permit; and

                (15) any additional information required by the state engineer.

          C. No entity may re-inject water into an aquifer in a declared ground water basin without a permit from the state engineer and other permits required by law.

          D. The state engineer shall prescribe application forms for an aquifer conservation re-injection permit. The application shall include all of the elements required pursuant to Subsection B of this section, except those in Paragraphs (1) and (8) of that subsection relating to recovery of water. No aquifer conservation and re-injection permit may allow the recovery of injected water. The application shall contain proof that:

                (1) the water to be injected meets all standards for potability pursuant to law and regulations;

                (2) once the water has been re-injected into the aquifer it becomes public water available for appropriation for beneficial use; and

                (3) if the water re-injected is treated wastewater, the applicant has the legal right to use that water for the purposes contained in the application and, if water rights are required, they are limited to the actual increased consumptive effect of the re-injection on the aquifer.

          E. The state engineer may charge a fee for the aquifer conservation re-injection permit equal to the current fee for a transfer of water rights."

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