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Current as of January 01, 2024 | Updated by Findlaw Staff
A. An undeclared underground water basin having reasonably ascertainable boundaries that consists of an aquifer, the top of which aquifer is at a depth of two thousand five hundred feet or more below the ground surface at any location at which a well is drilled and which aquifer contains only nonpotable water, is subject to state engineer administration in accordance with Sections 72-12-25 through 72-12-28 NMSA 1978.
B. If the state engineer declares the type of underground water basin described in Subsection A of this section, all appropriations of nonpotable water from that basin for:
(1) oil and gas exploration and production, prospecting, mining, road construction, agriculture, generation of electricity, use in an industrial process or geothermal use shall remain subject to Sections 72-12-25 through 72-12-28 NMSA 1978; and
(2) all other uses shall be subject to Sections 72-12-1 through 72-12-24 NMSA 1978.
C. “Nonpotable water”, for the purpose of Sections 72-12-25 through 72-12-28 NMSA 1978, means water containing not less than one thousand parts per million of dissolved solids.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 72. Water Law § 72-12-25. Declaration of basin; nonpotable deep aquifers - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-72-water-law/nm-st-sect-72-12-25/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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