2009 New Mexico Statutes
Chapter 72 - Water Law.
Article 5A - Ground Water Storage and Recovery
Section 72-5A-4 - Permit required.

72-5A-4. Permit required.

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 of five thousand dollars ($5,000) plus five dollars ($5.00) per acre-foot of the annual capacity of the proposed storage and recovery project, not to exceed fifty thousand dollars ($50,000); an annual fee of fifty cents ($.50) per acre-foot of water stored, payable upon submission of the annual report required by the Ground Water Storage and Recovery Act;   

(2)     the name and mailing address of the applicant;   

(3)     the name and mailing address of the owner of the land on which the applicant proposes to operate the project;   

(4)     the name of the declared underground water basin in which the applicant proposes to operate the project;   

(5)     the legal description of the location of the proposed project;   

(6)     evidence of financial and technical capability;   

(7)     the source, annual quantity and quality of water proposed to be injected and the quality of water in the receiving aquifer;   

(8)     the identification, characteristics, capacity and location of each recharge and recovery well, including existing pre-basin wells, existing permitted wells and new wells sought to be drilled for recharge or recovery pursuant to the application and the identification of existing permitted and declared wells in the underground area effected [affected] by storage and recovery operations;   

(9)     a description of the proposed project, including its capacity, plan of operation and percentage of anticipated recoverable water;   

(10)     evidence that the applicant has a valid water right quantified by one of the following legal processes:   

(a)     a water rights adjudication;   

(b)     a consent decree;   

(c)     an act of congress, including a negotiated settlement ratified by congress;   

(d)     a contract pursuant to 43 USC 620 et seq.; or   

(e)     an agreement with an owner who has a valid water right subject to an application for a change in purpose, place of use or point of diversion;   

(11)     a project plan that:   

(a)     shows that the project will not cause harm to users of land and water within the area of hydrologic effect;   

(b)     demonstrates that the project is hydrologically feasible;   

(c)     demonstrates that the project will not impair existing water rights or the state's interstate obligations;   

(d)     demonstrates that the project will not be contrary to the conservation of water within the state; and   

(e)     demonstrates that the project will not be detrimental to the public welfare of the state;   

(12)     a sworn statement executed by the owner of the land that the applicant is granted an easement and authorization to construct and operate the project on the site, if project facilities are located on land not owned by the applicant;   

(13)     copies of completed applications for all other permits required under state and federal law;   

(14)     the proposed duration of the permit; and   

(15)     any additional information required by the state engineer.