HOUSE BILL 418

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Gail Armstrong

AN ACT

RELATING TO WATER; REQUIRING ADDITIONAL REQUIREMENTS FOR APPROVAL OF PERMITS FOR THE DIVERSION AND USE OF GROUND WATER FROM THE BASIN OF ORIGIN FOR USE OUTSIDE THE BASIN OF ORIGIN.

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] APPLICATION FOR INTER-BASIN TRANSFER OF GROUND WATER.--

          A. Any person intending to withdraw water from an underground water source and transport it for use outside the basin of origin shall apply to the state engineer for a permit to do so in addition to fulfilling all other permit application requirements of Chapter 72, Article 12 NMSA 1978.

          B. Before approving an application submitted pursuant to the provisions of Subsection A of this section, the state engineer shall conduct a comprehensive review of the information required by Subsection C of this section at the applicant's expense.

          C. In acting upon an application submitted pursuant to the provisions of Subsection A of this section, the state engineer shall, at minimum, consider the following factors:

                (1) whether the transfer is in compliance with regional water plans of the area of origin and of the area of proposed use;

                (2) whether the source of supply can reliably sustain the diversion's anticipated firm yield and whether the diversion will exceed the recharge rate of the ground water aquifer in the area of origin;

                (3) whether the board of county commissioners of the county out of which the water is proposed to be transferred adopts a resolution declaring that it is or is not in the public interest for the application to be granted;

                (4) the amount of water in the basin of origin available for future appropriation; and

                (5) the practicable availability of alternative sources of water for the proposed use that would not rely on transfer of water out of its basin of origin.

          D. This section shall not apply to an application for the inter-basin transfer of less than one thousand acre-feet of water per year.

          E. This section shall not apply to:

                (1) an appropriation or diversion by a municipality to facilitate regional municipal water service if the municipality has historically transported water between the basin of origin and the proposed receiving basin identified in the application; or

                (2) an inter-basin diversion project that is authorized and approved and for which construction began or was completed on or before July 1, 2017."

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