New Mexico Administrative Code

A permit is required to capture or store surface water in an impoundment. An application to capture and store surface water shall be filed pursuant to 19.26.2.10 NMAC or 19.26.2.11 NMAC unless the impoundment of water is authorized as a livestock watering impoundment under 19.26.…

In the event of any changes of ownership affecting the title to a declaration, permit, license, or adjudicated water right, the new owner shall file a change of ownership form with the state engineer. The new owner shall file a separate change of ownership for each declaration, p…

An owner of a water right may lease all or any part of their right for a period not to exceed ten (10) years pursuant to Section 72-6-3 NMSA except that a water right may be leased for a period not to exceed forty years by a forty year planning entity as provided in Section 72-1-…

A forty-year planning entity shall be allowed a water use planning period, not to exceed forty years, to acquire and hold water rights pursuant to Section 72-1-9 NMSA. A water development plan may be filed at any time. If a plan is not already on file, a water development plan sh…

The administration of all natural waters flowing in streams and watercourses, and supplemental groundwater, within the limits of the state of New Mexico.

A water right may be lost for nonuse in two ways. First, the right may be forfeited pursuant to Section 72-5-28 NMSA or Section 72-12-8 NMSA. Alternatively, the right may be abandoned. Abandonment is a judicial doctrine. A. Forfeiture: All or any part of a water right is subject …

An application for appropriation, change in point of diversion or change in place and/or purpose of use shall require a map delineating the proposal described in the application. The map shall include a description of all lands, point(s) of diversion, place(s) of use, accurate lo…

All plan drawings, proof of beneficial use maps, and declaration maps filed with the state engineer shall meet the requirements listed below. Proof of beneficial use maps and declaration maps shall be prepared by either a licensed professional surveyor or licensed professional en…

This part shall be liberally construed to carry out its purpose.

If any portion of this part is found to be invalid, the remaining portion of this part shall remain in force and not be affected.

Chapter 72, Articles 1, 2, 5, 6, 7 and 9, NMSA. Section 72-1-1 NMSA provides that all natural waters flowing in streams and water courses belong to the public and are subject to appropriation for beneficial use. Section 72-2-1 NMSA gives the state engineer general supervision of …

Permanent.

January 31, 2005, unless a later date is cited at the end of a section.

To establish standards and procedures implementing the duties of the state engineer as set forth by statute and further defined by judicial decisions to supervise and administer the appropriation, allocation, and use of surface water and supplemental groundwater of the state.

Unless defined below or in a specific section of these regulations, all other words used herein shall be given their customary and accepted meaning. A. Abandonment: The loss of a water right based on the nonuse of water and the intent by the water right owner to permanently relin…

All water rights established by beneficial use in New Mexico prior to March 19, 1907, were recognized and confirmed by the state constitution at the time of its adoption. Any person, firm or corporation claiming to be the owner of a water right established prior to March 19, 1907…

A notice of intention to file an application for permit to appropriate surface water may be filed for the purpose of establishing priority of application. The application shall be prepared and filed within one year of the date of filing of the notice. A notice of intention to fil…

Office of State Engineer.

The application and permit limit the nature and extent of the water right. A permit may be granted for an amount less than that asked for in the application. In any event the annual amount of the appropriation permitted under one application will be limited to the annual amount t…

Before acceptance by the state engineer, applications tendered must conform to the requirements of the statutes and rules and regulations of the state engineer. The description of the well location shall be to the nearest forty (40) acre subdivision, unless otherwise prescribed b…

Upon receipt of an acceptable application the state engineer shall prepare and issue a notice for publication and shall send it to the applicant with instructions that it be published weekly for three consecutive weeks in a newspaper of general circulation within the county in wh…

The completeness and accuracy of the notice for publication is the responsibility of the applicant. If there are substantive errors in the published notice, it shall be re-advertised at the expense of the applicant.

Any person deeming that the granting of an application would be detrimental to his rights may protest in writing the proposal set forth in the application. The protest shall set forth reasons why the application should not be approved and must be filed in triplicate with the stat…

In the event an application is protested, hearings shall be conducted pursuant to the provisions of Article 3 [now 19.25.4 NMAC] of these rules and regulations.

Upon failure of the applicant to comply with the provisions of the permit within the time specified in such permit or to secure an extension of time within which to do so, the state engineer shall cancel the permit.

The well shall be constructed in full compliance with the terms of the permit and the rules and regulations of the state engineer.

In the case of any ground water right initiated after September 6, 1912, the water may not be transported in earthen ditches more than one and one half (1 1/2) miles or in open ditches or flumes lined with concrete or other impervious material more than two (2) miles from the wel…

Water from artesian or shallow ground water sources may be stored in reservoirs or ponds to facilitate and improve irrigation practices. The capacity of such reservoirs shall be so limited that they will store the continuous flow of a well producing more than three hundred (300) …

[RESERVED]

As soon as practicable after completing the well and the application of water to the intended use pursuant to the permit, the applicant shall have prepared and file a "final inspection and report" in triplicate on forms provided by the state engineer. The final report shall be ac…

Upon receipt of "final inspection and report" together with attachments thereto required by Article 1-13 [now 19.27.1.20 NMAC], the state engineer shall issue a "certificate and license to appropriate."

Section 75-11-1 [72-12-1 NMSA 1978] excepts applications for water for certain purposes from the requirement for publication of notice. The state engineer shall permit use under such applications for domestic, stock watering, drinking and sanitary purposes, and the irrigation of …

If water rights have been transferred from a well but the owner thereof desires to retain the well for the purposes of Article 1-15 [now 19.27.1.22 NMAC], an application must be filed as required by that article. Prior to approval, the state engineer shall determine whether the s…

A. Change of location of well: The owner of a water right within a declared underground water basin cannot change the location of his well without the approval of the state engineer except as otherwise provided in Section 75-11-23 [72-12-23 NMSA 1978]. B. Replacement well within …

The owner of a water right within a declared underground water basin cannot change the place or purpose of use of the right without the approval of the state engineer. Such approval will be granted only after proper application is made and the state engineer determines that the p…

Application to change the place or purpose of use and an application to change the location of a well may be combined in one application. Applications must be submitted to the state engineer in triplicate with the fee set out in Article 6 [now 19.25.5 NMAC].

The owner of a right to appropriate underground water may make application to drill a well to supplement his supply up to the amount of his existing right. Such application shall be filed on forms provided by the state engineer. A. Supplemental well - emergency conditions: The ow…

The legal description of both the present and the proposed well location must be set out in an application. Well description shall be to the nearest forty (40) acre subdivision, unless otherwise prescribed by the state engineer. If the use is for irrigation, the lands from which …

A right not of record in the state engineer office must first be declared before an application to move it or change its use can be considered (Article 1-1) [now 19.27.1.8 NMAC]. Such declarations shall be accompanied by maps showing well locations and place of use and conforming…

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

The applicant must publish notice of the application the same as if it were an application to appropriate (Article 1-5) [now 19.27.1.12 NMAC]. Protest and hearing procedures are the same as for an application to appropriate (Article 1-7 and 1-8) [now 19.27.1.14 NMAC and 19.27.1.1…

When the state engineer determines that the proposed change will not impair the existing rights of others, a permit shall be granted. The permit may be subject to limitations and failure of the applicant to comply with the limitations may result in cancellation of the permit.

As soon as practicable after completing a supplemental or replacement well, the permittee shall file "proof of completion of well" in triplicate on forms provided by the state engineer.

The requirements for a license for change of place or purpose of use are the same as for a new appropriation (Article 1) [now 19.27.1 NMAC]. Provided that, with respect to irrigation rights, if only a portion of an irrigation right is transferred for the irrigation of other lands…

When all the required documents have been filed, the license to appropriate water for the new place or purpose of use shall be issued. No license will be issued where only a change of location of well (replacement well) or supplemental well is involved.

When a permit to change the place of use is granted, use of water at the move-from location shall immediately cease unless otherwise specified in the permit.

Wells from which all water rights have been removed shall be plugged in accordance with Article 4-14 and 4-19.1 [now 19.27.4.21 NMAC and 19.27.4.26 NMAC].