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HB 082: REPLACEMENT WATER WELL PROCEDURES

An Act Relating To Water; Providing Procedures For Drilling Replacement Wells That Are Less Than One Hundred Feet From The Original Well.

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MILD HB 082
REPLACEMENT WATER WELL PROCEDURES

Legislative URL:
HB 082 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[2] HAGC/HJC-HAGC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
Fiscal Impact Report
Summary

House Bill 82 amends the law governing the drilling and use of a replacement water well within 100 feet of an existing well. The bill eliminates the possibility of drilling prior to applying to the State Engineer in emergencies by requiring that an application be filed and a permit granted prior to the drilling and use of a replacement water well within 100 feet of an existing well. The bill also adds requirements that the State Engineer find that the change in location will not impair existing rights and that the old well be plugged, not capped.

It also allows for the amount of water appropriated from the new well to be less than beneficially put to use in the old well and limits it to no more than the actual water right (as opposed to current law which assumes the same amounts).

The bill allows the applicant to request a hearing if aggrieved.

With its requirement for application and approval before drilling replacement water wells, this bill may be a positive step towards water management in New Mexico. Another potential benefit might be the ability of the State Engineer to prevent impairment of existing water rights.

Outcome: HB 82 died in the House Agriculture and Water Resources Committee.

Date of Summary: 1/18/13; Updated 1/25/13; Updated 5/16/13