N.M. Admin. Code § 19.27.4.37
The rules in 19.27.4.29, 19.27.4.30, 19.27.4.31 and 19.27.4.33 NMAC are not intended to cover every situation encountered during well drilling. Hydrogeologic conditions vary across the state, and may warrant the need to deviate from the rules contained in 19.27.4.29, 19.27.4.30, 19.27.4.31, or 19.27.4.33 NMAC. A request for a variance to a rule in this part shall be submitted in writing. The request shall contain a detailed justification that demonstrates that such a variance is necessary to preclude unreasonable hardship, or that application of a rule in this part would not be practicable. The state engineer may grant the variance if the state engineer finds the request to be reasonable and just. The state engineer shall respond in writing to the request for variance and, if the variance if granted, the state engineer may impose conditions of approval.
N.M. Admin. Code § 19.27.4.37