New Mexico Administrative Code

Filed November 1, 1966

This rule is formulated for the purpose of carrying out the provisions of the statutes governing underground waters and describing the present extent of all declared underground water basins in New Mexico. [RESERVED]

[RESERVED]

All maps made from actual field surveys shall be original tracings, accurately and neatly prepared on good quality tracing material. As all tracings are part of the permanent record, they must be prepared with permanent waterproof India drawing ink or the equivalent. This require…

A. Maps for all basins except the Mimbres and Animas shall be seventeen (17) inches wide and twenty-three (23) inches long on the trim lines with margins of one (1) inch on the top, one-half (1/2) inch on the right side and bottom, and one and a half (1 1/2) inches on the left or…

Office of State Engineer.

[RESERVED]

Adopted pursuant to the authority of Sections 72-2-8, 72-2-12 and 72-13-4, New Mexico Statutes Annotated, 1978 Compilation.

[Permanent]

November 1, 1966

This rule is formulated for the purpose of carrying out the provisions of the statutes governing underground waters and describing the present extent of all declared underground water basins in New Mexico.

[RESERVED]

The following is a list of fees to be received by the state engineer for issuing certain documents and performing other services in connection with administration of the underground water law: Form to be Completed and Filed Filing Fee Declaration of Right $1.00 Application to App…

For reviewing plans for the development of ground water from a well or wells that have not been put to beneficial use prior to the time a basin is declared or extended. Fee for each proposed well in plan $5.00 For issuing any license to appropriate, for each permit therein $5.00 …

Office of the State Engineer

Only governmental entities defined as Indian nations, tribes, or pueblos, or state political subdivisions, including municipalities, counties, acequias, irrigation districts, or conservancy districts may apply for a permit.

These regulations cover artificial recharge, underground storage, and water recovery projects. These regulations do not cover the incidental recharge to an aquifer (such as from septic tanks or unlined ditches).

A governmental entity may only construct or operate an artificial recharge, storage, and recovery project in the state of New Mexico after receiving a permit from the state engineer. One permit shall be granted for each project.

Prior to submission of an application, every applicant is required to attend a pre-application meeting with representatives of the state engineer. At the pre-application meeting, the applicant shall provide a written project proposal that summarizes the project goals and objectiv…

The application procedure for an Underground Storage and Recovery Permit is a two-step process. A. Pilot/Demonstration Project: The applicant shall file a complete description of the pilot/demonstration project on a form prescribed by the state engineer, a capability report for t…

A pilot or demonstration project is a prerequisite of a full-scale project. A. Definitions: (1) Demonstration project: A demonstration project is considered a full-scale test of a project, in part or in whole, for a limited period of time. An example of a demonstration project is…

The hydrologic, technical, and financial capability report shall include the following information: A. Executive Summary B. Project Objectives C. Evidence of Technical Capability D. Evidence of Financial Capability E. Evidence of Hydrologic Feasibility F. Area of Hydrologic Effec…

After receipt of an application, the state engineer will conduct an initial review of the application. If the state engineer determines that an application is incomplete, defective as to form, is not in compliance with these regulations, or if he determines that it may be necessa…

Within thirty (30) days after receipt of a letter from the state engineer informing the applicant that their application has been accepted for filing, the applicant shall submit a notice for publication to the state engineer for review. A. The notice shall set forth the contents …

The completeness and accuracy of the notice for publication is the responsibility of the applicant. If the published notice contains substantive errors, a revised notice shall be published at the expense of the applicant.

These regulations govern the application process, the hydrologic, technical and financial capability report requirements, and the permit terms and conditions for projects authorized under the Ground Water Storage and Recovery Act (the "Act"), NMSA 1978, 72-5A-1 through 72-5A-17 (…

A person may protest such an application by filing a protest alleging how the granting of the application will substantially and specifically affect the protestant and that it will impair the protestant's water right and/or be contrary to the conservation of water within the stat…

If any protests remain at the time the applicant has filed for its full-scale project, a hearing shall be conducted pursuant to the state engineer Hearing Procedures (19 NMAC 25.2). The state engineer will notify the applicant and protestant(s) in writing of the date of the prehe…

Prior to the state engineer approving an application for Underground Storage and Recovery, the applicant must meet its burden of proof. The applicant has the burden of proving: A. the applicant has the technical and financial capability to construct and operate the project; B. th…

If no timely protest has been properly filed or remains standing, the state engineer will, upon finding that the application meets the requirements of the Act and the Rules and Regulations of the state engineer, issue a permit to the applicant to construct and operate the project…

Upon receipt of notice from the state engineer of the decision made on the application, the applicant may, within thirty (30) calendar days of such receipt, request in writing that the decision be set aside. The request that the action be set aside shall specify whether the appli…

The state engineer will grant an Underground Storage and Recovery Permit and monitor compliance with the permit in the exercise of the full oversight authority provided by the Act and as otherwise delegated to the state engineer by the laws of New Mexico. The state engineer permi…

The state engineer will determine whether the circumstances necessitate an Underground Storage and Recovery Permit being limited in duration. If the state engineer limits the duration of a permit, a renewal shall be requested in writing by the permittee and filed with the state e…

The state engineer retains jurisdiction over every permit issued under these regulations and may modify its conditions to prevent impairment to water rights, to prevent harm to land owners, to prevent detriment to the public welfare of the state, and to prevent actions that are c…

A permit issued under these regulation may be changed in ownership to another governmental entity upon the filing of an application with the state engineer for Change of Ownership. The Change of Ownership shall be approved if the state engineer determines that all provisions of t…

Water stored in an aquifer for subsequent diversion for beneficial use pursuant to these regulations is not available for appropriation and is not subject to forfeiture pursuant to NMSA 1978, 72-5-28(1907) or 72-12-8(1931).

NMSA 1978, 72-5A-6(D) (1999)

A permittee may use water recovered only for the same place(s) and purpose(s) of use for which the diversion of the water was authorized prior to storage unless a permit to change the place(s) and/or purpose(s) of use has been issued by the state engineer.

Based on the information provided in the capability report, and as reported by the permittee pursuant to Section 32, the state engineer will establish a storage account for each project. If the project includes stored water from more than one source, a sub-account will be establi…

Each permittee shall file an annual report with the state engineer. Upon submission of the annual report to the state engineer, the permittee shall file an annual fee (subject to amendment) in the amount of fifty cents ($0.50) per acre-foot of water placed in storage during the p…

The permittee shall attend a permit review meeting with a representative of the state engineer on an annual basis. The permit review meeting should coincide with the submittal of the annual report.

The annual report shall be maintained on a calendar year basis and shall be filed with the state engineer no later than March 31 for the preceding calendar year. If a permittee fails to file an annual report by the deadline established on the permit, the state engineer may assess…

All records and reports required to be maintained and filed pursuant to these regulations shall be in a form acceptable to the state engineer.

The state engineer may at any time investigate and review a project to determine if the permittee is complying with the terms and conditions of the permit. The state engineer has the authority and duty to enter upon, and to order the project owner to permit the entry upon, privat…

Except as otherwise provided herein, if the state engineer has reason to believe that a permittee has violated a provision of the Act, or a condition of their permit, or a rule or regulation, the state engineer may issue a written notice directing that the person or governmental …

If the state engineer finds that a person or governmental entity is constructing or operating a project in violation of the Act, the state engineer may issue a temporary order directing the person or governmental entity to cease and desist the construction or operation pending fi…