HB 356 — PROTESTS FOR REPLACEMENT WELLS

HOUSE BILL 356 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Cathrynn N.

Brown 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby WATER;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

PROVIDINGThe THATdocument REPLACEMENTis WELLSa WITHINtool ONEto HUNDREDshow FEETamendments OFin THEcontext ORIGINALand WELLcannot AREbe NOTused SUBJECTfor TOthe PROTEST;purpose of adding amendments to legislation.

ALLOWINGh AN AGGRIEVALACT ANDg REQUESTo FORRELATING HEARING TO BEWATER; FILED.

15PROVIDING BETHAT ITREPLACEMENT ENACTEDWELLS BYWITHIN THEONE LEGISLATUREt hr g e i k HUNDRED FEET OF THE STATEORIGINAL OFWELL NEWARE MEXICO:NOT SUBJECT TO PROTEST;

SECTIONh 1.r i s ALLOWING AN AGGRIEVAL AND REQUEST FOR HEARING TO BE FILED.

Sectionh 72-12-22, NMSAt, 1978e (beingu Lawsg 1959,e b l e te 17h ChapterBE 41,IT SectionENACTED 1)BY isTHE amendedLEGISLATURE toOF read:THE STATE OF NEW MEXICO:

w l n d 18d "72-12-22.i = = o h SECTION 1.

REPLACEMENTSection WELL72-12-22 WITHINNMSA ONE1978 HUNDRED(being FEET.--Laws =1959, =l 19] b ,d i a lº A.e Chapter 41, Section 1) is amended to read:

Ther owner of a water right may drill and use a i a= e r 20 replacement well drilled within one hundred feet of the a t me mw 21 original well prior to application to the state engineer and d rm e 22 the publication and hearing set out in Section [75-11-3 New c e s k 23 Mexico Statutes Annotated, 1953 Compilation] 72-12-3 NMSA 1978 e a n bo 24"72-12-22. if:

uREPLACEMENT [WELL (1)WITHIN theONE wellHUNDRED isFEET.-- drilledd intom the: same [and .229789.1 only the same] underground stream, channel, artesian basin, reservoir or lake as the original well;

[and]b (2)e thed appropriations isº ofo thet samen amount= of.229789.1AIC waterFebruary allowed19, by2025 [his](9:57pm) thes owner'sk waterm righte ine thea originaln well;e d r e l u [ A d A.

[and]The (3)owner anof emergencya situationwater existsright inmay whichdrill and use a replacement well drilled within one hundred feet of the delayoriginal causedwell byprior application,to application to the state engineer and the publication and hearing wouldset resultout in cropSection loss[75-11-3 orNew otherMexico seriousStatutes economicAnnotated, loss;1953 Compilation] 72-12-3 NMSA 1978 if:

and(1) (4) [he] the ownerwell filesis andrilled applicationinto or notifies the officesame ofHAAWCº the[and»HAAWC stateHAAWCºand»HAAWC engineerHAAWCºonly [office]the ofsame]»HAAWC theseHAAWCºonly facts and the locationsame»HAAWC ofunderground thestream, proposedchannel, replacementartesian wellbasin, byreservoir registeredor letter,lake prioras tothe drilling;original well;

provided[and that] [he](2) the ownerappropriation shallis fileof applicationthe forsame aamount permitof withinwater [30]allowed thirtyby days[his after] drillingthe begins.owner's water right in the original well;

B.[and ] (3) an emergency situation exists in which the delay caused by application, publication and hearing would result in crop loss or other serious economic loss;

Applicationsand forh replacement(4) wells[he within] onethe hundredowner feetfiles an application or g o t hr notifies the office of the originalstate engineer [office] of these g e i k facts and the location of the proposed replacement well areby noth subjectr i s registered letter, prior to protest.drilling;

eprovided tthat 17[he If] the applicanth is, aggrievedt, byowner theshall statefile engineerapplication actionfor ona wpermit lwithin n[30] dthirty 18e theu application,g ane aggrievalb andl requeste fore hearingh maydays beafter =drilling =begins. 19 a l filed.

in ad ed ri 20= [B.]= C.o h B.

TheApplications ownersfor of other water rights, who claim a t m m 21 to be injured by the drilling of a replacement wellwells underwithin theseone dl r] eb 22,d circumstances,i may not enjoin the drilling of such a wellº or c e shundred kfeet 23 the use of the wateroriginal fromwell the well, but are limitednot tosubject an e a n b 24 action at law to recoverprotest. damages [and to their right to protest u [ the granting of a permit]." .229789.1 - 2 -

r i = r t e w d m a n o If the applicant is aggrieved by the state engineer action on d m :

b e d s º o t n = .229789.1AIC February 19, 2025 (9:57pm) s k m e - 2 - e a n e d r e l u [ A d the application, an aggrieval and request for hearing may be filed.

[B.] C.

The owners of other water rights, who claim to be injured by the drilling of a replacement well under these circumstances, may not enjoin the drilling of such a well or the use of the water from the well, but are limited to an action at law to recover damages [and to their right to protest the granting of a permit]." - 3 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .229789.1AIC February 19, 2025 (9:57pm) s k m e e a n e d r e l u [ A d