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.

History: 1953 Comp., § 75-11-37, enacted by Laws 1967, ch. 86, § 1; 2009, ch. 35, § 1.

Cross references. — For the state engineer, see 72-2-1 NMSA 1978.

The 2009 amendment, effective March 30, 2009, added the title of the section; in Subsection A, added "undeclared" before "underground basin"; deleted "shall include" and added "that consists of"; changed "twenty-five hundred feet" to "two thousand five hundred feet"; added "only" before "nonpotable water"; and added the phrase at the end of sentence that subjects the aquifer to state engineer administration; and added Subsection B.

Law reviews. — For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979).

For article, "Centralized Decisionmaking in the Administration of Groundwater Rights: The Experience of Arizona, California and New Mexico and Suggestions for the Future," see 24 Nat. Resources J. 641 (1984).