Section 72-12-23 - Replacement well over one hundred feet from original well.
72-12-23. Replacement well over one hundred feet from original well.
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.