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 prior application to the state engineer, provided certain conditions are met. These conditions include that the replacement well must draw from the same underground source as the original well, the appropriation must match the original water right, and an emergency situation must exist that would lead to significant economic loss if delays occur. Additionally, the owner must notify the state engineer's office of the drilling location and facts prior to drilling and must file for a permit within thirty days after drilling begins.

Furthermore, the bill introduces a provision stating that applications for replacement wells within this distance are not subject to protest. If an applicant is aggrieved by the state engineer's decision regarding the application, they may file for a hearing as outlined in Section 72-7-1 NMSA 1978. 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 may seek damages through legal action.

Statutes affected:
introduced version: 72-12-22