HOUSE AGRICULTURAL AND WATER RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 418

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

AN ACT

RELATING TO WATER; REQUIRING ADDITIONAL REQUIREMENTS FOR APPROVAL OF PERMITS FOR THE DIVERSION AND USE OF GROUND WATER FOR USE OUTSIDE THE AREA 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 TRANSFER OF GROUND WATER OUT OF AREA OF ORIGIN.--

          A. Any person intending to withdraw water from an underground water source and transport it for use outside the area of origin shall apply to the state engineer for a permit to transfer the water out of the area of origin, 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 the necessary studies to obtain 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; provided that if there is not enough information to establish the aquifer's firm yield, recharge rate, volume of water or quality of that volume of water, the state engineer shall not approve the transfer permit until accurate information is acquired;

                (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 potable water in the area 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 area of origin.

          D. This section shall not apply to an application for the transfer of less than five hundred 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 area of origin and the proposed receiving area identified in the application;

                (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; or

                (3) temporary transfers of no longer than two years.

          F. For the purposes of this section:

                (1) "area of origin" means the physical location of a ground water aquifer, the boundaries of which are reasonably ascertainable and which may or may not coincide with the administrative boundaries of ground water basins established by the state engineer; and

                (2) "transfer" means the transport of water for use in a location more than thirty-five miles from the area of origin."

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