PROTESTS ON WATER REPLACEMENT WELLS

HB0054

HOUSE BILL 54

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Cathrynn N. Brown

AN ACT

RELATING TO WATER; PROVIDING THAT REPLACEMENT WELLS WITHIN ONE
HUNDRED FEET OF THE ORIGINAL WELL ARE NOT SUBJECT TO PROTEST;
ALLOWING AN AGGRIEVAL AND REQUEST FOR HEARING TO BE FILED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 72-12-22 NMSA 1978 (being Laws 1959,
Chapter 41, Section 1) is amended to read:

"72-12-22. REPLACEMENT WELL WITHIN ONE HUNDRED FEET.--

A. The owner of a water right may drill and use a
replacement well drilled within one hundred feet of the
original well prior to application to the state engineer and
the publication and hearing set out in Section [
75-11-3 New
Mexico Statutes Annotated, 1953 Compilation
]
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
]
the owner's
water right in the original
well; [
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; and

(4) [
he
]
the owner
files
an
application or
notifies the
office of the
state engineer [
office
] of these
facts and the location of the proposed replacement well by
registered letter, prior to drilling; provided that [
he
]
the
owner
shall file application for a permit within [
30
]
thirty

days after drilling begins.

B. Applications for replacement wells within one
hundred feet of the original well are not subject to protest.
If the applicant is aggrieved by the state engineer action on
the application, an aggrieval and request for hearing may be
filed pursuant to Section 72-7-1 NMSA 1978.

[
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
]."