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 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 application, publication and hearing would result in crop loss or other serious economic loss; and (4) he files application, or notifies the state engineer office of these facts and the location of the proposed replacement well by registered letter, prior to drilling; provided that he shall file application for a permit within thirty days after drilling begins. B. 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 eplacement 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. History: 1953 Comp., § 75-11-23, enacted by Laws 1959, ch. 41, § 1. ANNOTATIONSCross references. — For change of well location, generally, see 72-12-7 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 90.
New Mexico Legal Code