The bill amends Section 72-12-22 of the New Mexico Statutes to facilitate the drilling and use of replacement wells within one hundred feet of the original well without the need for protest. It allows the owner of a water right to drill a replacement well under specific conditions, including that the well must tap into the same underground source and that an emergency situation exists which necessitates immediate action. The owner is required to notify the state engineer's office prior to drilling and must file for a permit within thirty days after drilling begins.

Additionally, the bill introduces a provision stating that applications for replacement wells within the specified distance are not subject to protest. If an applicant feels aggrieved by the state engineer's decision regarding their application, they have the right to file an aggrieval and request a hearing. The bill also clarifies that other water rights owners who believe they may be harmed by the drilling of a replacement well cannot stop the drilling or use of water from the well but can pursue legal action to recover damages.

Statutes affected:
introduced version: 72-12-22