The state engineer shall establish a storage account for each project. If the project has stored water from more than one source, he shall establish subaccounts for each source of water. A permittee may recover only the recoverable amount of stored water from a well. For purposes of this section, "recoverable amount" means that amount of water, as determined by the state engineer, that has reached the aquifer, remained within the area of hydrologic effect and is conducive to recovery without impairment to existing uses.
History: Laws 1999, ch. 285, § 9.
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.