SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 901

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

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. A new section of the Sanitary Projects Act is enacted to read:

     "[NEW MATERIAL] DOMESTIC WELLS--CHANGING THE POINT OF DIVERSION TO ASSOCIATION WELLS--PROCEDURE.--

          A. A person may change the point of diversion of water diverted from a well permitted for domestic use purposes pursuant to Section 72-12-1.1 NMSA 1978, or a well permitted before June 20, 2003 pursuant to Section 72-12-1 NMSA 1978 for the same domestic use purposes, into a well owned and operated by an association in accordance with the provisions of Subsections B through D of this section, provided that the well is located within the physical service area of the association.

          B. The change in point of diversion 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.

          C. An association that allows the point of diversion of a domestic well to be changed to that of an association well shall file with the state engineer a map depicting the boundaries of the association's physical service area and updated maps of any expansion of the boundaries of the association's physical service area.

          D. Only domestic wells located within the boundaries of the physical service area of the association that were permitted prior to the time the association files its physical service area boundaries or an update of those boundaries with the state engineer may have their points of diversion changed to the association's point of diversion, and the state engineer shall not issue permits pursuant to Section 72-12-1.1 NMSA 1978 for new domestic wells within those areas once the association files its service area boundary map or updated map with the state engineer.

          E. For the purposes of this section, "physical service area" is the area defined by the association, based on factors determining the capacity to provide water, including, but not limited to, the location of existing lines, adequacy of existing infrastructure and the availability of water rights, and approved by the state engineer."

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

- 3 -