HOUSE BILL 82

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Larry A. Larrañaga

FOR THE WATER AND NATURAL RESOURCES COMMITTEE

AN ACT

RELATING TO WATER; PROVIDING PROCEDURES FOR DRILLING REPLACEMENT WELLS THAT ARE LESS THAN ONE HUNDRED FEET FROM THE ORIGINAL WELL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 72-12-22 NMSA 1978 (being Laws 1959, Chapter 41, Section 1) is amended to read:

     "72-12-22. REPLACEMENT WELL WITHIN ONE HUNDRED FEET.--

          A. Notwithstanding the provisions of Section

72-12-7 NMSA 1978, the owner of a water right may drill and use a replacement well drilled within one hundred feet of the original well [prior to] upon application to and the granting of a permit by the state engineer [and the publication and hearing set out in Section 75-11-3 New Mexico Statutes Annotated, 1953 Compilation] if:

                (1) the well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the original well; [and]

                (2) the appropriation is [of] for the same or a lesser amount of water as is being put to beneficial use from the well being replaced and no more than the amount allowed by [his] the owner's water right in the original well; [and

                (3) an emergency situation exists in which the delay caused by application, publication and hearing would result in crop loss or other serious economic loss; and

                (4) he files application or notifies the state engineer office of these facts and the location of the proposed replacement well by registered letter, prior to drilling; provided that he shall file application for a permit within 30 days after drilling begins.

          B. The owners of other water rights, who claim to be injured by the drilling of a replacement well under these circumstances, may not enjoin the drilling of such a well or the use of the water from the well, but are limited to an action at law to recover damages and to their right to protest the granting of a permit]

                (3) the state engineer finds that the change in location will not impair existing rights; and

               (4) the original well is plugged, not capped.

          B. If the applicant is aggrieved by the decision of the state engineer, the applicant may request a hearing pursuant to the provisions of Section 72-2-16 NMSA 1978; provided that notice of application and the opportunity to protest are given pursuant to Subsection D of Section 72-12-3 NMSA 1978."

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