As used in the Ground Water Storage and Recovery Act:
A. "aquifer" means a geologic formation that contains sufficient saturated material to be capable of storing and transmitting water in usable quantities to a well;
B. "area of hydrologic effect" means the underground area where the water is stored and located, hydrologically connected surface waters, adjacent underground areas in which water rights exist that may be impaired, the land surface above the underground areas and any additional land surface used for seepage or infiltration;
C. "governmental entity" means the interstate stream commission, an Indian nation, tribe or pueblo or state political subdivision, including a municipality, county, acequia, irrigation district or conservancy district;
D. "project" means a permitted, engineered facility designed specifically, constructed and operated pursuant to the Ground Water Storage and Recovery Act, to add measured volumes of water by injection or infiltration to an aquifer or system of aquifers, to store the water underground and to recover it for beneficial use pursuant to the Ground Water Storage and Recovery Act but shall not include in situ leach mining operations or water flood operations for petroleum recovery that require approval by the state engineer outside the Ground Water Storage and Recovery Act; and
E. "stored water" means water that has been stored underground for the purpose of recovery and permitted pursuant to the Ground Water Storage and Recovery Act.
History: Laws 1999, ch. 285, § 3; 2003, ch. 206, § 1.
The 2003 amendment, effective June 20, 2003, in Subsection C, inserted "the interstate stream commission" near the beginning.
Structure New Mexico Statutes
Article 5A - Ground Water Storage and Recovery
Section 72-5A-1 - Short title.
Section 72-5A-2 - Legislative findings.
Section 72-5A-3 - Definitions.
Section 72-5A-4 - Permit required.
Section 72-5A-5 - Notice; protests; hearings; determinations; judicial review.
Section 72-5A-6 - State engineer; powers and duties; permit; monitoring requirements.
Section 72-5A-7 - Modification and assignment of project permit.
Section 72-5A-9 - Storage account to be established; limit on amount of water recovered.
Section 72-5A-10 - Annual report to state engineer; penalty for failure to file.
Section 72-5A-11 - Revocation or suspension of permits; orders to cease and desist; injunction.
Section 72-5A-13 - Conservation fee exemptions.
Section 72-5A-14 - Obligations to Indian nations, tribes or pueblos.
Section 72-5A-15 - Non-exemption from prior appropriation doctrine.