N.M. Admin. Code § 19.27.5.11 - OTHER 72-12-1.1 DOMESTIC WELL PERMIT APPLICATIONS
Other 72-12-1.1 domestic well permit applications may be made only as specifically provided for in this section. Permit applications made in accordance with this section require an existing 72-12-1.1 domestic well permit in good standing. Applications shall be prepared on a form prescribed by the state engineer and the applicant shall be the owner of record of the 72-12-1.1 domestic well permit. The description of the well location shall be made in accordance with Subsection B of 19.27.5.9 NMAC. The publication of a legal notice is not required for a permit application made in accordance with Subsection A, B, C, or D of this section. A permit issued pursuant to Subsections A, B, or C of this section for an existing 72-12-1.1 domestic well permit in good standing will not affect the maximum authorized diversion amount from the 72-12-1.1 domestic well. No change may be made to the point of diversion, place of use, or purpose of use authorized under a 72-12-1.1 domestic well permit except as provided for in Subsection E of this section.
A. Application for permit to
replace a 72-12-1.1 domestic well: A permit from the state engineer is required
to drill a replacement 72-12-1.1 domestic well. The state engineer shall
require the well being replaced to be plugged or capped in accordance with the
regulations of the office of the state engineer. The replacement well shall be
permitted by the state engineer to serve the same authorized legal lot(s) of
record and to serve the same type of domestic use as the 72-12-1.1 domestic
well being replaced. An application shall include the file number of the well
to be replaced, the name and mailing address of the applicant, the type of
domestic use, the location of the existing well, the proposed location of the
replacement well, the name of the owner of the land on which the replacement
well is to be drilled, the name and license number of the well driller (if
known), the proposed depth of the replacement well, the outside diameter of the
replacement well casing, the reason for replacing the well, and other
information the state engineer deems necessary. The state engineer may require
a meter on a replacement 72-12-1.1 domestic well as a condition of the new
permit.
B. Application for permit
for supplemental 72-12-1.1 domestic well: A permit from the state engineer is
required to drill a supplemental 72-12-1.1 domestic well. The total combined
diversion from the 72-12-1.1 domestic well and the supplemental well shall not
exceed the maximum diversion amount authorized under the 72-12-1.1 domestic
well permit. An application shall include the name and mailing address of the
applicant, the type of domestic use, the state engineer file number, the
location of the existing well, the authorized maximum diversion amount of the
domestic well to be supplemented, the existing capacity of the well to be
supplemented, the proposed location of the supplemental well, the name of the
owner of the land on which the supplemental well is to be drilled, the name and
license number of the well driller (if known), the proposed depth of the
supplemental well, the outside diameter of the supplemental well casing, and
other information the state engineer deems necessary. The state engineer shall
require the installation of a meter on both the supplemental well and the
72-12-1.1 domestic well being supplemented as a condition of the new
permit.
C. Application for permit to
repair or deepen a 72-12-1.1 domestic well: A permit from the state engineer is
required to repair or deepen a 72-12-1.1 domestic well. A permit to repair a
72-12-1.1 domestic well is required for any type of repair work involving the
use of a drill rig. A permit is not required for work on pumping equipment. An
application shall include the state engineer file number of the 72-12-1.1
domestic well to be deepened or repaired, the name and mailing address of the
permit holder, the location of the well, the name and license number of the
well driller (if known), a description of the work to be performed, the
proposed depth (if the application is for deepening the well), and other
information the state engineer deems necessary. The state engineer may require
a meter on a 72-12-1.1 domestic well to be repaired or deepened as a condition
of the new permit.
D. Application
for permit to amend the type of domestic use of a 72-12-1.1 domestic well
permit: A permit from the state engineer is required to amend the type of
domestic use between single household, multiple household, or drinking and
sanitary uses that are incidental to the operations of a governmental,
commercial, or non-profit facility. An application shall include the state
engineer file number of the 72-12-1.1 domestic well permit, the name and
mailing address of the applicant, the current authorized type of domestic use,
the proposed type of domestic use, and other information deemed necessary by
the state engineer. The state engineer may require a meter on a 72-12-1.1
domestic well as a condition of the new permit when the type of domestic use is
changed.
E. Change in point of
diversion or alternate point of diversion: The point of diversion of a
permitted, declared, or adjudicated 72-12-1.1 domestic well may be changed
only:
(1) pursuant to a water rights
settlement approved by the state engineer and a court, for those wells drilled
prior to a date specified and in a manner specifically authorized by the
settlement, where such settlement requires the plugging of each 72-12-1.1
domestic well for which the point of diversion is changed and prohibits the
drilling of new 72-12-1.1 domestic wells within the specifically described
exclusive service area; or
(2)
pursuant to 72-12-7 NMSA by an owner of a 72-12-1.1 domestic well located
within the infrastructure capacity area of an association, to change the point
of diversion into a well owned and operated by an association in accordance
with the following provisions:
(a) the change
in point of diversion shall be made upon application to the state engineer and
upon a showing that the change will not impair existing rights and will not be
contrary to conservation of water within the state and will not be detrimental
to the public welfare of the state; the application may be granted only after
notice and opportunity for hearing are provided as prescribed by Subsection D
of Section
72-12-3 NMSA;
(b) an association that allows the point of
diversion of a domestic well to be changed to that of an association's well
shall file with the state engineer at the time of application a map depicting
the boundaries of the association's infrastructure capacity area and updated
maps of any expansion of the boundaries of the association's infrastructure
capacity area, if not already on file;
(c) only domestic wells located within the
boundaries of the infrastructure capacity area of the association that were
permitted prior to the time the association files its infrastructure capacity
area boundaries or an update of those boundaries with the state engineer may
have their points of diversion changed to the association's point of
diversion;
(d) once the association
files its infrastructure capacity area map or updated map with the state
engineer, the state engineer shall issue permits only for new domestic wells to
be located on property from which no domestic well point of diversion has been
previously changed; exceptions will be considered only if necessitated by
public health, safety and welfare concerns;
(e) an association shall be listed as
co-applicant on the application.
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