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Section 72-5A-8 - Stored water not public; stored water not subject to forfeiture; use or exchange of recovered water.

NM Stat § 72-5A-8 (2019) (N/A)
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A. Water added to an aquifer or system of aquifers to be stored for subsequent diversion and application to beneficial use pursuant to a project permit is not public water and is not subject to forfeiture pursuant to Section 72-5-28 or 72-12-8 NMSA 1978.

B. A permittee may use water recovered only for the same purposes for which the water was authorized before it was stored, unless an application for a change in the purpose of use, place of use or point of diversion is filed and approved pursuant to Section 72-5-23, 72-5-24 or 72-12-7 NMSA 1978, as applicable.

History: Laws 1999, ch. 285, § 8.

Effective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.

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Section 72-5A-7 - Modification and assignment of project permit.
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Section 72-5A-9 - Storage account to be established; limit on amount of water recovered.