A. The owner of a water right may drill and use a replacement well drilled over one hundred feet from his original well upon making application but without waiting for the completion of the publication and hearing set out in Section 72-12-3 NMSA 1978 if:
- (1) the well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the original well; and
- (2) the appropriation is of the same amount of water allowed by his water right in the original well; 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 the change does not impair existing water rights, and grants him a permit authorizing the drilling and use of the replacement well prior to the publication and hearing.
- B. When the preliminary investigation by the state engineer causes him to reasonably believe that the drilling and use of a replacement well may impair existing rights, then no permit shall be issued until after publication and hearing.
History: 1953 Comp., § 75-11-24, enacted by Laws 1959, ch. 41, § 2.
ANNOTATIONS
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.