N.M. Code R. § 19.27.1.23
If water rights have been transferred from a well but the owner thereof desires to retain the well for the purposes of Article 1-15 [now 19.27.1.22 NMAC], an application must be filed as required by that article. Prior to approval, the state engineer shall determine whether the subject well can be retained in use without causing waste.
[SE-66-1 Article 1-16, Recompiled 12/31/01]