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SPONSOR: |
SCONC |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Domestic Well Management |
SB |
484/SCONCS |
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ANALYST: |
Chabot |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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$330.0 |
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
Related to SB 484, SB 565, HB 307 and HB 976.
LFC Files
Responses
Received From
New Mexico
Environment Department (NMED)
Office
of the State Engineer (OSE)
SUMMARY
Synopsis
of Bill
Senate Conservation
Committee Substitute for Senate Bill 484 amends Section 72-12-1 NMSA 1978
concerning underground waters stating they belong to the public, eliminates
subsections A. and B. and adds Sections 72-12.1.1 through 72-12.1.3 covering
the permitting process.
Section 72-12.1.1
pertains to domestic well permits that are defined by type. Domestic wells are either household or shared
household wells. Household wells are for
use inside a single family residence and for outside use related to the enjoyment
of the residence including landscaping, lawn and garden uses totaling no more
than one acre. Shared household wells
are those used by more than one family.
A limited use area
requires heightened protection because water resources may be inadequate to
sustain well production due to excessive drawdown rates or where addition
depletions may impair existing water users.
Specific procedures are to be followed by the State Engineer for declaring
a limited area including written notice by certified mail, return postage
pre-paid to all property owners of record in the declared area.
Applications for
domestic wells will be made to the State Engineer and must comply with any
applicable municipal ordinances enacted pursuant to Chapter 3, Article 53
NMSA. Wells must be metered and periodic
reports must be made to OSE. A household
well is limited to one acre-foot per year.
If the request is in a limited use area, the amount is limited to
one-half acre-foot per year. A shared
well in a limited use is limited to a maximum of three acre-feet per year.
Persons issued permits
for single household uses prior to July 1, 2003 will be allowed up to three
acre-feet of water and not be required to meter the well unless required by
local or county ordinance.
Owners of wells
permitted after
Section 72-12-1.2
pertains to livestock well permits and requires that applicants have proof that
they have permission to use the land for grazing prior to requesting a permit
for livestock wells.
Section 72-12-1.3
pertains to temporary uses of up to three acre-feet of water not to exceed a period
of one year for prospecting, mining or construction or public works, highways
and roads or drilling operations. OSE
must assess whether the water use will impact over users and, if it does, a
public hearing will be held before approval.
The effective date is to be
Significant
Issues
OSE processes approximately 5,000 domestic well permits annually and would require the agency become more active in the administration of domestic well permits. It estimates 2 FTE would be required to process permits and monitor the metering and accounting for use. Another 2 FTE would be required for doing assessments in limited use areas and complying with the statutory requirements of notice and conducting hearings. In addition, there will be administrative costs, particularly in postage, to comply with proposed statute.
OSE is concerned notice provisions in the bill are different than for other actions. This “might lead to the expectation of similar notice provisions for other special orders.”
This bill would still require OSE to issue permits in areas not declared as limited use areas that would still impact other users with more senior rights.
This bill provides for a fine of $1,000 per acre-foot of
water over diverted; however, in Section 72-2-18.F NMSA 1978, the State
Engineer can levy fines of up to $100 per day for violation of a compliance
order. Wells permitted before
OSE also recommends revising the bill to allow
well withdrawals greater than the specified limits if a person obtains an
existing water right from within the limited use area and changes the place or
purpose of use of the water and the proposed change does not increase depletions
within the limited use area.
Senate Conservation Committee Substitute for Senate Bill 484 does not have an appropriation but OSE would incur costs to implement of this bill. The agency estimates $330.0 would be needed.
ADMINISTRATIVE IMPLICATIONS
OSE would be required to be more active in the administration of domestic well permits. Currently, OSE cannot deny a domestic well permit so only cursory reviews are done. Under provisions of this bill, OSE will have to actively manage the program. The agency estimates that 4 FTE will be required. OSE would have to develop implementing rules and regulations on domestic wells.
OTHER SUBSTANTIVE ISSUES
NMED recommends, due to potential pollution problems, this legislation should include design specifications to be followed if a domestic well is drilled anywhere in the State.
TECHNICAL ISSUES
Recommend for editorial purposes on page 4,
lines 7 and 14 that the subparagraphs be switched in position so that the
definitions are listed as domestic well, household well, shared household well
and limited use area.
OSE recommends the following changes:
GAC/njw:yr