A. Water added to an aquifer or system of aquifers to be stored for subsequent diversion and application to beneficial use pursuant to a project permit is not public water and is not subject to forfeiture pursuant to Section 72-5-28 or 72-12-8 NMSA 1978.
B. A permittee may use water recovered only for the same purposes for which the water was authorized before it was stored, unless an application for a change in the purpose of use, place of use or point of diversion is filed and approved pursuant to Section 72-5-23, 72-5-24 or 72-12-7 NMSA 1978, as applicable.
History: Laws 1999, ch. 285, § 8.
Effective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
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.