N.M. Admin. Code § 19.27.5.13 - ACTION OF THE STATE ENGINEER
The state engineer shall act on all applications that are properly filed.
A. Rejection of
application: The state engineer may reject an application for a 72-12-1.1
domestic well permit when the proposed 72-12-1.1 domestic well is to be located
in an area where a restriction on the use of water or the drilling of new wells
has been imposed by a court. The state engineer may reject an application for a
72-12-1.1 domestic well permit when the proposed 72-12-1.1 domestic well is to
be located in an area of water quality concern where a prohibition on or a
recommendation against the drilling of new wells has been established by a
government entity.
B. Approval of
application - conditions of approval: The state engineer may set forth
conditions of approval for a 72-12-1.1 domestic well permit, which may include
any of the following:
(1) The casing shall
not exceed 7 inches outside diameter except under specific conditions in which
reasons satisfactory to the state engineer are shown.
(2) The well shall be set back a minimum of
50 feet from any existing well of other ownership.
(3) If artesian water is encountered, all
rules and regulations pertaining to the drilling and casing of artesian wells
shall be complied with except under specific conditions in which reasons
satisfactory to the state engineer are shown.
(4) The well shall be constructed by a
driller licensed in the state of New Mexico. A licensed driller shall not be
required for the construction of a driven well when the outside diameter of the
casing does not exceed two and three-eighths (2 3/8) inches.
(5) Pursuant to Section
72-8-1 NMSA, the permittee shall
allow the state engineer and his representatives entry upon private property
for the performance of their respective duties, including access to the well
for meter reading and water level measurement.
(6) The drilling of the well and amount and
uses of water permitted are subject to such limitations as may be imposed by
the courts or by lawful municipal and county ordinances which are more
restrictive than the conditions of this permit and applicable state engineer
regulations.
(7) This permit
authorizes the drilling of a well to accompany a house or other dwelling being
constructed for sale. Water may only be diverted for activities directly
related to the construction of the dwelling that the well will serve. Upon sale
of the house or dwelling, the permit holder shall provide the new owner notice
in writing of the requirement to file a change of ownership with the state
engineer for the 72-12-1.1 domestic well permit. A copy of the notice shall be
filed at the office of the state engineer along with a copy of the deed or
other instrument of conveyance which conveyed the land upon which the 72-12-1.1
domestic well is located. This condition shall automatically expire when the
office of the state engineer accepts a change of ownership for filing in the
name of the new owner intending to divert water from the well. No water may be
diverted from the 72-12-1.1 domestic well by the new owner until a change of
ownership has been recorded at the office of the state engineer.
(8) The permit holder shall ensure that a
well record has been filed with the state engineer no later than twenty days
after the completion of the well drilling.
(9) Any diversion of water made in excess of
the authorized maximum diversion amount in any calendar year shall be repaid
with twice the amount of the over-diversion during the following calendar year.
Repayment shall be made by either: (a) reducing the diversion during the
following calendar year from the 72-12-1.1 domestic well that is the source of
the over-diversion; or (b) acquiring or leasing a valid, existing consumptive
use water right in an amount equal to the repayment amount and submitting to
the state engineer for his approval a plan for the proposed repayment during
the following calendar year. The plan for the proposed repayment shall be on a
form prescribed by the state engineer.
(10) The permit is subject to cancellation
for non-compliance with the conditions of approval or if otherwise not
exercised in accordance with the terms of the permit.
(11) The right to divert water under this
permit is subject to curtailment by priority administration as implemented by
the state engineer or a court.
(12)
A 72-12-1.1 domestic well permit shall automatically expire unless the well is
completed and the well record is filed with the state engineer within one year
of the date of issuance of the permit.
C. Metering requirements: When a metering
device is required by the state engineer on a 72-12-1.1 domestic well, the
totalizing meter shall be installed before the first branch of the discharge
line from the well. The meter installation shall be in accordance with the
specifications adopted by the state engineer. The holder of the 72-12-1.1
domestic well permit shall file a meter installation and inspection report with
the office of the state engineer, documenting the make, model, serial number,
date of installation, and initial reading of the meter prior to diversion of
water. Pumping records for the 3 proceeding calendar months shall be submitted
to the appropriate state engineer district office on or before the
10th of January, April, July, and October of each
year unless a different reporting period has been established in the conditions
of approval of the permit.
(1) The state
engineer shall require a meter on each new 72-12-1.1 domestic well permitted:
(a) within a domestic well management
area;
(b) when a metering
requirement is imposed by the courts;
(c) for drinking and sanitary domestic use
that is incidental to the operations of a governmental, commercial, or
non-profit facility;
(d) for
multiple households domestic use;
(e) as a supplemental 72-12-1.1 well; the
72-12-1.1 domestic well being supplemented shall also require a meter;
and
(f) as a multiple use well such
that the diversion of water for domestic use is separately metered.
(2) The state engineer may require
a meter on a new 72-12-1.1 domestic well:
(a)
permitted for single household domestic use;
(b) permitted to accompany a residence or
other dwelling constructed for sale;
(c) as a condition of a permit to repair or
deepen a 72-12-1.1 domestic well;
(d) as a condition of a permit to amend the
type of domestic use of a 72-12-1.1 domestic well permit; or
(e) as a condition of a permit to transfer a
valid, existing water right to a 72-12-1.1 domestic well permit in accordance
with subsection E of
19.27.5.14 NMAC.
D. Well setbacks: All
new 72-12-1.1 domestic wells shall be set back a minimum of 50 feet from an
existing well of other ownership unless a variance has been granted by the
state engineer. The state engineer may grant a variance for a replacement well
or to allow for maximum spacing of the well from a source of groundwater
contamination. All 72-12-1.1 domestic wells shall be set back from potential
sources of contamination in accordance with the rules and regulations of the
New Mexico environment department.
E. Well identification tag: The state
engineer may require that a 72-12-1.1 domestic well be tagged with a well
identification tag. If a well tag is required, the tag shall be affixed in
plain view and the permit holder shall be responsible for maintaining the well
identification tag.
F. Permit
expiration: Each 72-12-1.1 domestic well permit shall be conditioned by the
state engineer to require the 72-12-1.1 domestic well be completed and a well
record be filed with the state engineer within one year of the date of issuance
of the permit. A 72-12-1.1 domestic well permit shall automatically expire
unless the well is completed and the well record is filed with the state
engineer within one year of the date of issuance of the permit. No extension of
time shall be granted by the state engineer, and if a 72-12-1.1 domestic well
permit expires, a new permit shall be obtained and the appropriate fee
paid.
G. Well record: The well
driller shall keep a record of each well drilled as the work progresses. The
well driller shall file a complete well record with the state engineer and the
permit holder no later than twenty (20) days after completion of the well
drilling. A well log shall be filed for each hole drilled, including a drill
hole that does not encounter water. It is the responsibility of the permit
holder to ensure that the well record for the 72-12-1.1 domestic well has been
properly filed with the state engineer.
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