A. The state of New Mexico recognizes that with respect to ground water hydrologically related to the Rio Grande at or below Elephant Butte dam there is a deficiency of hydrologic information, the amount sought to be appropriated in pending applications far exceeds available supplies and the allocation of surface water between the states of New Mexico and Texas needs further clarification.
B. In the interest of ensuring competent administration of the ground water hydrologically related to the Rio Grande at or below Elephant Butte dam, a stay is declared on the granting of permits with respect to all pending and future applications to appropriate unappropriated ground water from aquifers hydrologically related to the Rio Grande at or below Elephant Butte dam. The stay shall be for a period of two years commencing on the effective date of this act.
C. Nothing in this section shall preclude the granting of permits:
(1) to appropriate unappropriated ground water for public health emergencies;
(2) to appropriate unappropriated ground water for domestic, stock water and other uses pursuant to Section 72-12-1 NMSA 1978; or
(3) to replace or change the location of existing wells.
History: Laws 1984, ch. 113, § 1.
Stay in grant of ground water appropriation held unconstitutional. — Two-year stay in the granting of new appropriations of ground water hydrologically related to the Rio Grande at or below Elephant Butte, i.e., the Hueco and Mesilla Basins, has an illegitimate protectionist purpose and is facially unconstitutional as impermissibly burdening interstate commerce. City of El Paso ex rel. Pub. Serv. Bd. v. Reynolds, 597 F. Supp. 694 (D.N.M. 1984).
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.