N.M. Admin. Code § 19.25.20.110

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.25.20.110 - EXPEDITED MARKETING AND LEASING AND EXPEDITED PERMIT PROCEEDINGS

A.New Domestic Well Points of Diversion. Permits for new groundwater points of diversion for domestic uses, including a permit for a Section 72-12-1 well, may be issued provided:

(1) Water rights from within the same hydrologic unit in the NPT basin are moved to the new groundwater point of diversion in accordance with this rule;

(2) The priority and amount of the moved rights shall be determined under state law and reflect reductions in amount to account for historic supply; and

(3) Any permitted diversions shall cease and the household shall connect to the county water utility as soon as water service is available.

B.Expedited change of a valid, existing water right to a Section 72-12-1 domestic well permit. The applicant for a new Section 72-12-1 domestic well permit or the owner of an existing Section 72-12-1 domestic well water right may apply to change the point of diversion, place and purpose of use of a valid, existing water right, other than a Section 72-12-1 water right, from the same hydrologic unit within the NPT basin into the Section 72-12-1 domestic well.

(1)Application form and content. Applications shall be prepared on a form prescribed by the state engineer. An application shall include the following information:

(a) the name and address of applicant,

(b) the pertinent state engineer file number(s),

(c) the source of water supply for the move-from point of diversion,

(d) the source of water supply for the move-to point of diversion,

(e) the priority date of the water right,

(f) the diversion amount to be retired,

(g) the consumptive use amount to be moved,

(h) the move-from purpose of use,

(i) the legal description of the move-from place of use,

(j) the location of the move-from point of diversion,

(k) the location of move-to point of diversion, and

(l) other information the state engineer deems necessary.

(2)Process. Consistent with the issuance of a Section 72-12-1.1 domestic well permit pursuant to Section 72-12-1.1 NMSA, public notice is not required nor is protest allowed for an application for permit to change a valid, existing water right to a Section 72-12-1 domestic well permit.

(3) Once a valid, existing water right has been approved by the state engineer for an expedited change to a Section 72-12-1 domestic well, the point of diversion, place and purpose of use of the water right may subsequently be changed into another Section 72-12-1 domestic well from the same hydrologic unit within the NPT basin.

C. Expedited change of point of diversion, place and purpose of use of groundwater rights for domestic use to the county water utility. The CWU may file one or more applications to the state engineer for permit to change the point of diversion, place and purpose of use of groundwater rights for domestic use whose ownership is conveyed to the CWU, including Section 72-12-1 domestic well water rights. The application may include multiple water rights. The CWU may consumptively use the full amount of the water right changed to the CWU.

(1)Application form and content. Applications shall be prepared on a form prescribed by the state engineer. An application shall include the following information:

(a) the name and address of applicant,

(b) the pertinent state engineer file number(s),

(c) the source of water supply for the move-from point of diversion,

(d) the source of water supply for the move-to point of diversion,

(e) the consumptive use amount to be moved,

(f) the location of the move-to point of diversion, and

(g) other information the state engineer deems necessary.

(2)Process. The state engineer may adopt a generalized hydrologic analysis based upon the hydrologic model setting out guidelines for the expedited processing of applications filed pursuant to this Subsection.

(a) If the state engineer has adopted such a generalized hydrologic analysis, and if the CWU agrees to the use of the generalized hydrologic analysis in the review of the application, then the state engineer shall expedite the processing of the application as provided in the generalized hydrologic analysis.

(b) If the state engineer does not adopt such a generalized hydrologic analysis, or if the CWU does not agree to the use of the generalized hydrologic analysis, then notice of the application shall be published as provided under 19.26.2.12 and 19.27.1.30 NMAC, except that only the OSE file number or subfile number of the move-from water rights need be provided in the notice of the application. The notice shall provide that the full legal description of the water rights being moved is available in the final decree posted on the state engineer's website and available in the district office.

D. Water rights served by an acequia or community ditch may not be moved under this Section.

N.M. Admin. Code § 19.25.20.110

Adopted by New Mexico Register, Volume XXVIII, Issue 17, September 12, 2017, eff. 9/12/2017