This act [72-5A-1 to 72-5A-17 NMSA 1978] may be cited as the “Ground Water Storage and Recovery Act”. History: Laws 1999, ch. 285, § 1. ANNOTATIONS Effective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after […]
A. Each permittee shall file an annual report with the state engineer that includes: (1) the total quantity of stored water and recovered water; (2) the water quality of the stored water, the receiving aquifer and the recovered water; (3) a sworn affidavit attesting to the truthfulness and accuracy of the report’s data; and (4) […]
A. The state engineer may periodically review a project to determine if the permittee is complying with the terms and conditions of the permit. The state engineer may permanently revoke or temporarily suspend a permit for good cause after an investigation and a hearing before the state engineer or a hearing officer appointed by him. […]
A. A person who or governmental entity that is determined to be in violation of the Ground Water Storage and Recovery Act or a permit issued or rules adopted pursuant to the act may be assessed a civil penalty in an amount not exceeding: (1) one hundred dollars ($100) per day of violation not directly […]
Conservation fees collected pursuant to Section 74-1-13 NMSA 1978 shall be charged only on water that is treated and stored underground and not on the same water subsequently recovered. History: Laws 1999, ch. 285, § 13. ANNOTATIONS Effective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. […]
Nothing in the Ground Water Storage and Recovery Act shall be construed to affect the obligations of the United States to Indian nations, tribes or pueblos or to impair the rights of Indian nations, tribes or pueblos. History: Laws 1999, ch. 285, § 14. ANNOTATIONS Effective dates. — Laws 1999, ch. 285 contained no effective […]
Unless required by interstate obligations, nothing in the Ground Water Storage and Recovery Act shall be construed to exempt stored water from the provision that priority in time shall give the better right pursuant to Chapter 72 NMSA 1978 or priority of appropriation shall give the better right pursuant to Article 16, Section 2 of […]
Any determination made by the state engineer for purposes of the Ground Water Storage and Recovery Act is not binding in any other proceeding. History: Laws 1999, ch. 285, § 16. ANNOTATIONS Effective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective […]
A governmental entity shall not submit an application pursuant to the Ground Water Storage and Recovery Act and the state engineer shall not process an application, issue a regulation pursuant to that act or implement any part of that act unless the state engineer has been appropriated enough money or has sufficient resources to carry […]
The legislature finds that: A. conjunctive use and administration of both surface and ground waters are essential to the effective and efficient use of the state’s limited water supplies; and B. ground water recharge, storage and recovery have the potential to: (1) offer savings in the costs of capital investment, operation and maintenance and flood […]
As used in the Ground Water Storage and Recovery Act: A. “aquifer” means a geologic formation that contains sufficient saturated material to be capable of storing and transmitting water in usable quantities to a well; B. “area of hydrologic effect” means the underground area where the water is stored and located, hydrologically connected surface waters, […]
A. No governmental entity may construct and operate a storage and recovery project in a declared ground water basin without a permit from the state engineer and other permits that may be required. B. The state engineer shall prescribe application forms for a permit. The application shall include: (1) an application fee in the amount […]
A. Upon receipt of an application for a permit to construct and operate a project, the state engineer shall endorse on the application the date it was received and shall keep a record of the application. The state engineer shall conduct an initial review of the application within sixty days of receipt. If the state […]
A. The state engineer shall issue a permit to construct and operate a project if the applicant has provided a reasonable demonstration that: (1) the applicant has the technical and financial capability to construct and operate the project; (2) the project is hydrologically feasible; (3) the project will not impair existing water rights or the […]
A. The state engineer may modify the conditions of a permit if he finds that modifications are necessary and will not impair existing water rights or the water quality of the aquifer. The applicant shall provide notice of any proposed modifications as required by the Ground Water Storage and Recovery Act for new applications. Objections […]
A. Water added to an aquifer or system of aquifers to be stored for subsequent diversion and application to beneficial use pursuant to a project permit is not public water and is not subject to forfeiture pursuant to Section 72-5-28 or 72-12-8 NMSA 1978. B. A permittee may use water recovered only for the same […]
The state engineer shall establish a storage account for each project. If the project has stored water from more than one source, he shall establish subaccounts for each source of water. A permittee may recover only the recoverable amount of stored water from a well. For purposes of this section, “recoverable amount” means that amount […]
