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 an original well. It allows the owner of a water right to drill a replacement well without the need for prior application to the state engineer, provided certain conditions are met, such as drilling into the same underground source and maintaining the same water appropriation. Additionally, the owner must notify the state engineer's office before drilling and file for a permit within thirty days after drilling begins.
A significant change introduced by this bill is that applications for replacement wells within the specified distance are not subject to protest. If an applicant is aggrieved by the state engineer's decision regarding the application, they may file for an aggrieval and request a hearing. Furthermore, while other water rights owners who believe they may be harmed by the drilling cannot stop the process, they are limited to seeking damages through legal action.
Statutes affected: introduced version: 72-12-22