§ 72-12-24 — Supplemental well

A. The owner of a water right may drill and use a supplemental well upon making application but prior to the publication and hearing set out in Section 72-12-3 NMSA 1978, if: (1) the supplemental well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the well being supplemented; and (2) the supplemental well does not increase the appropriation of water to an amount above the existing water rights; and (3) an emergency situation exists in which the delay caused by publication and hearing would result in crop loss or other serious economic loss; and (4) the state engineer, after a preliminary investigation, finds that the supplemental well does not impair existing water rights, and grants him a permit authorizing the drilling and use of the supplemental well prior to publication and hearing. B. If the preliminary investigation by the state engineer causes him to reasonably believe that the drilling and use of a supplemental well may impair existing rights, then no permit shall be issued until after publication and hearing.

Legislative History

1953 Comp., § 75-11-25, enacted by Laws 1959, ch. 41, § 3.