A. The owner of a water right may drill and use a replacement well drilled over one hundred feet from his original well upon making application but without waiting for the completion of the publication and hearing set out in Section 72-12-3 NMSA 1978 if:
(1) the well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the original well; and
(2) the appropriation is of the same amount of water allowed by his water right in the original well; and
(3) an emergency situation exists in which the delay caused by publication and hearing would result in crop loss or other serious economic loss; and
(4) the state engineer, after a preliminary investigation, finds the change does not impair existing water rights, and grants him a permit authorizing the drilling and use of the replacement well prior to the publication and hearing.
B. When the preliminary investigation by the state engineer causes him to reasonably believe that the drilling and use of a replacement well may impair existing rights, then no permit shall be issued until after publication and hearing.
History: 1953 Comp., § 75-11-24, enacted by Laws 1959, ch. 41, § 2.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
Structure New Mexico Statutes
Article 12 - Underground Waters
Section 72-12-1.1 - Underground waters; domestic use; permit.
Section 72-12-1.2 - Underground public waters; livestock well permits.
Section 72-12-1.3 - Underground public waters; temporary uses.
Section 72-12-2 - [Right to use waters.]
Section 72-12-3 - Application for use of underground water; publication of notice; permit.
Section 72-12-3.1 - Certain ground water; finding; grant of permits; stay; exceptions.
Section 72-12-4 - [Existing water rights recognized.]
Section 72-12-5 - [Declaration of beneficial use; verification; recording.]
Section 72-12-6 - [Former declarations valid.]
Section 72-12-7 - Change of location of well; change in use on application; temporary change.
Section 72-12-8 - Water right forfeiture.
Section 72-12-9 - Fees and costs.
Section 72-12-10 - [Appeal to district court.]
Section 72-12-11 - [Violations declared misdemeanors; penalty.]
Section 72-12-12 - License required to drill water well from "underground source.".
Section 72-12-13 - Application; information required; fee; surety bond for drilling operation.
Section 72-12-14 - [Suspension or revocation of license; appeal; damage suits.]
Section 72-12-16 - [Violation of act or rules and regulations; penalty.]
Section 72-12-17 - [Repealing and saving clause; bond; maximum.]
Section 72-12-18 - Underground waters declared to be public.
Section 72-12-20 - When appropriation without permit allowed.
Section 72-12-22 - Replacement well within one hundred feet.
Section 72-12-23 - Replacement well over one hundred feet from original well.
Section 72-12-24 - Supplemental well.
Section 72-12-25 - Declaration of basin; nonpotable deep aquifers.