A. The state of New Mexico recognizes that with respect to ground water hydrologically related to the Rio Grande at or below Elephant Butte dam there is a deficiency of hydrologic information, the amount sought to be appropriated in pending applications far exceeds available supplies and the allocation of surface water between the states of New Mexico and Texas needs further clarification.

B. In the interest of ensuring competent administration of the ground water hydrologically related to the Rio Grande at or below Elephant Butte dam, a stay is declared on the granting of permits with respect to all pending and future applications to appropriate unappropriated ground water from aquifers hydrologically related to the Rio Grande at or below Elephant Butte dam. The stay shall be for a period of two years commencing on the effective date of this act.

C. Nothing in this section shall preclude the granting of permits:

(1) to appropriate unappropriated ground water for public health emergencies;

(2) to appropriate unappropriated ground water for domestic, stock water and other uses pursuant to Section 72-12-1 NMSA 1978; or

(3) to replace or change the location of existing wells.

History: Laws 1984, ch. 113, § 1.

Stay in grant of ground water appropriation held unconstitutional. — Two-year stay in the granting of new appropriations of ground water hydrologically related to the Rio Grande at or below Elephant Butte, i.e., the Hueco and Mesilla Basins, has an illegitimate protectionist purpose and is facially unconstitutional as impermissibly burdening interstate commerce. City of El Paso ex rel. Pub. Serv. Bd. v. Reynolds, 597 F. Supp. 694 (D.N.M. 1984).