N.M. Admin. Code § 19.27.5.15 - ENFORCEMENT
The holder of a 72-12-1.1 domestic well permit is subject to possible fines and remedial action including cancellation of the permit for any failure to comply with the terms and conditions of the 72-12-1.1 domestic well permit or any applicable provision of 19.27.5 NMAC or Chapter 72 NMSA.
A. Diversion of water in excess of the
authorized maximum diversion amount: The holder of a 72-12-1.1 domestic well
permit who diverts water in excess of the authorized maximum diversion amount
in any calendar year shall repay twice the amount of the over-diversion during
the following calendar year. Repayment shall be made by either:
(1) reducing diversions during the following
calendar year from the 72-12-1.1 domestic well that is the source of the
over-diversion; or
(2) 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 on a form
prescribed by the state engineer; such repayment water shall be derived from
either:
(a) reduction of the consumptive use
associated with the actual average historic use of a valid, existing water
right with an irrigation purpose of use, by fallowing of a specific tract of
land that has been consistently historically irrigated; or
(b) reduction of the diversion and associated
historical average consumptive use of a valid water right with a purpose of use
other than irrigation.
B. Active water resource management: In any
water district or subdistrict declared by the state engineer in accordance with
Section 72-3-2 NMSA, and for which
district or subdistrict the state engineer has adopted final district specific
regulations in accordance with
19.25.13.10 and
19.25.13.23 NMAC, the water master
shall have authority to curtail out-of-priority outdoor domestic uses
consistent with the district or subdistrict specific rules.
C. Cancellation of permit: The state engineer
may cancel a 72-12-1.1 domestic well permit upon failure of a permit holder to
comply with any permit condition of approval or any applicable provision of
19.27.5 NMAC or Chapter 72 NMSA. The state engineer may cancel a 72-12-1.1
domestic well permit and proceed with enforcement action if a permit holder
diverts water in excess of the authorized maximum amount and fails to repay the
over-diversion in a time and manner acceptable to the state
engineer.
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