New Mexico Administrative Code

A person or governmental entity determined to be in violation of the Act, the terms or conditions of a permit issued, or the rules and regulations of the state engineer may be assessed a civil penalty. An action to recover penalties pursuant to this section shall be brought by th…

The state engineer may permanently revoke or temporarily suspend a permit for good cause after an investigation and hearing pursuant to the provisions of 19 NMAC 25.2. Notice shall be sent by certified mail to the permittee at least thirty (30) days before any hearing on a revoca…

Conservation fees collected pursuant to NMSA 1978, 74-1-13(1993) shall be charged only on water that is treated and stored underground and not on the same water subsequently recovered.

Nothing in these regulations shall be construed to impair the rights of Indian nations, tribes or pueblos or affect the obligations of the United States to them.

Unless required by interstate obligations, nothing in these regulations shall be construed to exempt stored water from the rule that priority in time shall give the better right, pursuant to Chapter 72 NMSA 1978, or that priority of appropriation shall give the better right, purs…

Any determination made by the state engineer for purposes of the Underground Storage and Recovery Regulations, including the validity or non-validity of a water right, is not binding in any other proceeding separate from the Underground Storage and Recovery Regulations.

A variance to these regulations may be requested in writing by an authorized applicant or permittee. The request shall include a detailed justification for the variance and shall demonstrate that such a variance is necessary to preclude unreasonable hardship or that application o…

It shall be the responsibility of each applicant and permittee to know of and comply with all applicable statutes, rules, regulations, and codes.

These regulations may be modified as needed to assist in administering Underground Storage and Recovery Permits. Any major revision to these regulations will be duly published and presented for public comment. Removal of a regulation or a section of these regulations, whether by …

January 31, 2001.

The objective of these regulations is to govern the proceedings before the state engineer to ensure the expeditious and orderly handling of applications and administration matters related to the Act.

Unless defined below or in a specific section, all other words used in these regulations shall be given their customary and accepted meanings. A. Area of hydrologic effect: The underground area where the water is stored and located, hydrologically connected surface waters, adjace…

These regulations shall be liberally construed to carry out the provisions of the Act.

In 1999, the New Mexico Legislature enacted the Act to allow governmental entities to store surplus supplies of water underground and to withdraw the recoverable amount at a later date for use by the governmental entity. In adopting the Act, the Legislature found that: A. Conjunc…

Office of the State Engineer.

Violation of this Part is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00), nor more than two hundred and fifty dollars ($250.00), for each offense; and each day of continued violation shall constitute a separate offense; or by imprisonment in the …

This rule applies to all geographic areas within the jurisdiction of the state engineer. This rule shall not be construed to limit or otherwise alter the jurisdiction, power, or authority of the state engineer.

Section 72-2-1 NMSA 1978 grants the state engineer the general supervision of waters of the state. Section 72-2-8 NMSA 1978 grants the state engineer the authority to adopt regulations and codes, and to issue orders that are necessary to accomplish its duties.

Permanent; until later amended, repealed or replaced.

July 31, 2003, unless a later date is cited in the history note at the end of a section.

The objective of this Part is to place restrictions on wells and transfers of either surface water or ground water within the boundaries of certain areas as determined by the state engineer in the interest of safety and the protection of life and property within the state of New …

Unless otherwise defined below, terms used in this rule have the same meanings as set forth in Chapter 72 NMSA 1978. Unless defined below or in a specific section, all other words used in these regulations shall be given their customary and accepted meanings: "Superfund" means fe…

It shall be unlawful for any person or persons to drill new wells, or transfer either surface water or ground water to existing wells in any areas designated by the state engineer as restricted from such activities.

By order of the office of the state engineer, it is prohibited to drill new wells, appropriate new surface water or ground water, or transfer either surface water or ground water to existing wells within the following geographic areas: FRUIT AVENUE PLUME SUPERFUND SITE. The state…

Office of State Engineer.

A. WHEREAS, the United States district court for the district of New Mexico handed down a decree on May 9, 1933, entitled "The United States of America, plaintiff, vs. Hope community ditch, et al, defendants, no. 712 equity" defining the rights of the several parties to the use o…

A. WHEREAS, the United States district court for the district of New Mexico handed down a decree on May 9, 1933, entitled "The United States of America, plaintiff, vs. Hope community ditch, et al, defendants, no. 712 Equity" defining the rights of the several parties to the use o…

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A. WHEREAS the United States district court for the district of New Mexico handed down a decree on May 9, 1933, entitled "The United States of America, plaintiff, vs. Hope community ditch, et al, defendants., no. 712 Equity" defining the rights of the several parties to the use o…

A. WHEREAS, the United States district court for the district of New Mexico handed down a decree on May 9, 1933, entitled "The United States of America, plaintiff, vs. Hope community ditch, et al, defendants, No. 712 equity" defining the rights of the several parties to the use o…

Office of State Engineer ("OSE").

This rule applies to all waters of the Gallinas river located in San Miguel and Guadalupe counties, state of New Mexico.

A. Section 72-2-8 NMSA (1997 Repl.) authorizes the OSE to develop, adopt, and promulgate all rules necessary to implement and administer the provisions of the Water Code. B. New Mexico law declares that all natural water flowing in streams and watercourses, whether such be perenn…

Permanent.

August 29, 2003, unless a later date is cited at the end of a section.

The objective of this rule is to declare the Gallinas River Water Sub-District of the Pecos River Stream System and to appoint a water master who will have immediate charge of such apportionment of such waters of the Gallinas river.

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A. The United States district court for the district of New Mexico handed down a decree on May 9, 1933 entitled "The United States of America, Plaintiff, vs. Hope Community Ditch, et al., Defendants, No. 712 Equity," defining the rights of several parties to the use of water alon…

A. Water sub-district creation and appointment of water master (1) The state engineer concludes that in the interest of public safety and in the interest of water users, the GALLINAS RIVER WATER SUB-DISTRICT should be formed and a water master appointed on a permanent basis, so a…

Office of the State Engineer.

Any appropriation of surface water initiated on or after March 19, 1907 requires a valid permit issued by the state engineer. Any person, firm, corporation, public or private, or any other entity intending to appropriate surface water shall file an application on a form prescribe…

Any change in point of diversion, place of use, or purpose of use of declared, permitted, licensed, or adjudicated surface water rights may be made only upon issuance of a permit by the state engineer. The owner of record of a water right must be the applicant or co-applicant on …