N.M. Code R. § 20.6.2.5103 – Designated Aquifers for Class I Wells and Class III Wells

A. Any person may file a written petition with the secretary seeking commission consideration of certain aquifers or portions of aquifers as “designated aquifers”. The purpose of aquifer designation is:
1. (1) for Class I wells, to allow as a result of injection, the addition of water contaminants into ground water, which before initiation of injection has a concentration between 5,000 and 10,000 mg/l TDS; or
2. (2) for Class III wells, to allow as a result of injection, the addition of water contaminants into ground water, which before initiation of injection has a concentration between 5,000 and 10,000 mg/l TDS, and not provide for restoration or complete restoration of that ground water pursuant to Paragraph (2) of Subsection C of 20.6.2.5101 NMAC.
B. The applicant shall identify (by narrative description, illustrations, maps or other means) and describe such aquifers, in geologic and geometric terms (such as vertical and lateral limits and gradient) which are clear and definite.
C. An aquifer or portion of an aquifer may be considered for aquifer designation under Subsection A of this section, if the applicant demonstrates that the following criteria are met:
1. (1) it is not currently used as a domestic or agricultural water supply; and
2. (2) there is no reasonable relationship between the economic and social costs of failure to designate and benefits to be obtained from its use as a domestic or agricultural water supply because:
  1. (a) it is situated at a depth or location which makes recovery of water for drinking or agricultural purposes economically or technologically impractical at present and in the reasonably foreseeable future; or
  2. (b) it is already so contaminated that it would be economically or technologically impractical to render that water fit for human consumption or agricultural use at present and in the reasonably foreseeable future.
D. The petition shall state the extent to which injection would add water contaminants to ground water and why the proposed aquifer designation should be approved. For Class III wells, the applicant shall state whether and to what extent restoration will be carried out.
E. The secretary shall either transmit the petition to the commission within 60 recommending that a public hearing be held, or refuse to transmit the petition and notify the applicant in writing citing reasons for such refusal.
F. If the secretary transmits the petition to the commission, the commission shall review the petition and determine to either grant or deny a public hearing on the petition. If the commission grants a public hearing, it shall issue a public notice, including the following information:
1. (1) name and address of the applicant;
2. (2) location, depth, TDS, areal extent, general description and common name or other identification of the aquifer for which designation is sought;
3. (3) nature of injection and extent to which the injection will add water contaminants to ground water; and
4. (4) address and telephone number at which interested persons may obtain further information.
G. If the secretary refuses to transmit the petition to the commission, then the applicant may appeal the secretary’s disapproval of the proposed aquifer designation to the commission within 30 days, and address the issue of whether the proposed aquifer designation meets the criteria of Subsections A, B, C, and D of this section.
H. If the commission grants a public hearing, the hearing shall be held in accordance with the provisions of Section 74-6-6 NMSA 1978.
I. If the commission does not grant a public hearing on the petition, the aquifer designation shall not be approved.
J. After public hearing and consideration of all facts and circumstances included in Section 74-6-4(D) NMSA 1978, the commission may authorize the secretary to approve a proposed designated aquifer if the commission determines that the criteria of Subsections A, B, C, and D of this section are met.
K. Approval of a designated aquifer petition does not alleviate the applicant from complying with other sections of 20.6.2.5000 through 20.6.2.5399 NMAC, or of the responsibility for protection, pursuant to this part, of other nondesignated aquifers containing ground water having 10,000 mg/l or less TDS.
L. Persons other than the petitioner may add water contaminants as a result of injection into an aquifer designated for injection, provided the person receives a discharge permit pursuant to the requirements of 20.6.2.5000 through 20.6.2.5399 NMAC. Persons, other than the original petitioner or his designee, requesting addition of water contaminants as a result of injection into aquifers previously designated only for injection with partial restoration shall file a petition with the commission pursuant to the requirements of Subsections A, B, C, and D of this section.
[9-20-82, 12-1-95; 20.6.2.5103 NMAC - Rn, 20 NMAC 6.2.V.5103, 1-15-01; A, 12-1-01; A, 8-31-15]