N.M. Admin. Code § 19.27.1.27

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

Section 19.27.1.27 - SUPPLEMENTAL WELL

The owner of a right to appropriate underground water may make application to drill a well to supplement his supply up to the amount of his existing right. Such application shall be filed on forms provided by the state engineer.

A. Supplemental well - emergency conditions: The owner of a water right may drill and use a supplemental well upon making application but prior to publication and hearing, if (Section 75-11-25) [72-12-24 NMSA 1978]:

(1) The well is drilled in the same, and only the same, underground source; and

(2) The supplemental well does not increase the appropriation of water to an amount above the existing water rights; and

(3) An emergency situation exists which would result in serious economic loss if publication and hearing were required; and

(4) The state engineer after preliminary investigation advises that the supplemental well does not impair existing water rights and grants him a permit authorizing the drilling and use of the supplemental well prior to publication and hearing.

B. If the preliminary investigation by the state engineer causes him to reasonably believe that the drilling and use of a supplemental well may impair existing rights then no permit shall be issued until after publication and hearing.

N.M. Admin. Code § 19.27.1.27

SE-66-1 Article 2-4, Recompiled 12/31/01