Thus connected surface and groundwater must be considered together in any analysis of water rights. The environmental protection regulations are provided in Title 20 (Environmental Protection) of the New Mexico Administrative Code. PO Box 5469 New Mexico law states that the state engineer must consider water conservation when reviewing an application for water rights. Voluntary assistance programs help businesses to meet and go beyond compliance and also offer leadership recognition. USGS Groundwater Data for New Mexico. Please note that not all parts of this document are effective for CWA purposes. Newcomers – like oil exploration companies – can apply for a permit to access groundwater, but they may not get one if the supply is scarce. Overview: The role of the Ground Water Quality Bureau is to protect the environmental quality of New Mexico’s groundwater resources as mandated by the Water Quality Act and the New Mexico Ground and Surface Water Protection Regulations (20.6 NMAC), and to identify, investigate, and clean-up contaminated sites which pose significant risks to human health and the environment. FAX 505-404-7123 i n [email protected] . Second Edition . PH 505-705-8300. New Mexico, 438 U.S. 696 (1978), the Court denied the Forest Service’s instream flow claim for fish, wildlife and recreation uses. A recent oil boom in Southern New Mexico has resulted in increased hy-draulic fracturing operations in the region and, as a result, a steady and relia-ble supply of water to fuel such operations is required. THE NEW MEXICO DOCTRINE OF PRIOR APPROPRIATION: ITS HISTORICAL UNDERPINNINGS The "prior appropriation" system of water law was adopted in the West as a result of the carryover of the Mexican civil law in the western Section 72-5A-1 — Short title. The oil and gas regulations administered by the OCD are contained in Chapter 15 (Oil and Gas) of Title 19 (Natural Resources and Wildlife) of the New Mexico Administrative Code (OCD Rulebook[PDF]). Eldorado Utilities, Inc. v. State, 2005-NMCA-041, 137 N.M. 268, 110 P.3d 76, cert. To view PIPs in your community, please visit the GWQB PIP Website. 2006 New Mexico Statutes - Article 5A — Ground Water Storage and Recovery, 72-5A-1 through 72-5A-17. Click to hide state-specific text. New Mexico aquifers contain as much as one billion acre-feet of brackish groundwater. By G. Emlen Hall . We assist businesses to protect the environment, worker safety, and public health. The plan also endangers the New Mexico environment because it lies in an area with shallow groundwater — something multiple state agencies alerted the NRC to, the lawsuit states. One of the first groundwater controversies that had to be resolved was King stated in October 2013 that the copper rule violated state law because it allows groundwater at copper mine sites to be contaminated at levels beyond water quality standards. Bill Olson, a former New Mexico groundwater bureau chief, was hired as a consultant by the state's Environment Department to draft new groundwater quality rules, … The Bureau is comprised of the following five technical sections, to learn more about each section please visit their webpage: The Bureau encourages the public to learn about and get involved in regulatory decision-making opportunities for facilities GWQB regulates. Meanwhile, the copper rule has been appealed by New Mexico’s attorney general, Gary King, as well as the New Mexico Environmental Law Center. (Effective July 24, 2020) Establishes water quality standards that consist of the designated use or uses of surface waters of the state, the water quality criteria necessary to protect the use or uses, and an antidegradation policy. It seems inscrutable at first, causing confusion and consternation. New Mexico Ground Water Association. NMED is associated with a number of boards, commissions, and committees that serve in a regulatory role or as technical advisors. We assist businesses to protect the environment, worker safety, and public health. Wet Water Law . We assist businesses to protect the environment, worker safety, and public health. NMED works with all types of businesses in New Mexico to issue permits and licenses for complying with state and federal regulations. We Water New Mexico. Santa Fe, NM 87502, Harold L. Runnels Building // 1190 St. Francis Drive, Suite N4050 // Santa Fe, New Mexico 87505 // tel (800) 219-6157, (505) 827-2855. Mission Statement. Click the Icon below to receive email updates on GWQB Discharge Permitting activities, Brownfields Program announcements, GWQB General News, and other topics of interest. ALLOCATION OF GROUNDWATER IN NEW MEXICO New Mexico is a prior appropriation state," even with respect to its groundwater. NMED works with all types of businesses in New Mexico to issue permits and licenses for complying with state and federal regulations. 1329-30 to address the complex However, overlaying this foundation is a series of groundwater basins subject to the administrative jurisdiction of the State Engineer. Recent Groundwater Publications. beds.10 New Mexico, on the other hand, is a state that acknowledges this relationship. (TNS) — A bill New Mexico Democrats pushed as allowing for greater state control of environmental regulations was signed into law by Gov. NMED is associated with a number of boards, commissions, and committees that serve in a regulatory role or as technical advisors. To view PIPs in your community, please visit the GWQB, Wastewater Treatment Finder (Septic Systems), New Mexico Energy, Minerals and Natural Resources Department, New Mexico Office of Natural Resources Trustee, U.S. Environmental Protection Agency (Region 6), Occupational Safety & Health Administration (OSHA), Occupational Health & Safety Review Commission, Medical Imaging & Radiation Therapy Council, Radiation Technical Advisory Council Members. Long recognized as an important resource, this groundwater is receiving increased attention. Santa Fe, NM 87502, Harold L. Runnels Building // 1190 St. Francis Drive, Suite N4050 // Santa Fe, New Mexico 87505 // tel (800) 219-6157, (505) 827-2855, Water Quality Chapter – Official Site of New Mexico Administrative Code, Supplemental Permitting Requirements for Dairy Facilities, Supplemental Permitting Requirements for Copper Mine Facilities, Utility Operator Certification Requirements, WQCC Delegation of Responsibilities to NMED and Oil Conservation Division (1989), Above Ground use of Reclaimed Domestic Water (January 2007), Monitoring Well Construction and Abandonment Guidelines (March 2011), Synthetically Lined Lagoons – Liner Material and Site Preparation Guideline (May 2007), Wastewater Treatment Finder (Septic Systems), New Mexico Energy, Minerals and Natural Resources Department, New Mexico Office of Natural Resources Trustee, U.S. Environmental Protection Agency (Region 6), Occupational Safety & Health Administration (OSHA), Occupational Health & Safety Review Commission, Medical Imaging & Radiation Therapy Council, Radiation Technical Advisory Council Members, NMED Risk Assessment Guidance for Site Investigations and Remediation. PO Box 5469 SIR 2016-5021 - Groundwater hydrology and estimation of horizontal groundwater flux from the Rio Grande at selected locations in Albuquerque, New Mexico, 2009–10; SIR 2016-5006 - Variability of surface-water quantity and quality and shallow groundwater levels and quality within the Rio Grande Project Area, New Mexico and Texas, 2009–13 Chapter 72 Water Law Underground Water-General Provisions - Natural Resources and Wildlife 19.27.1 Rules and Regulations Governing the Appropriation and Use of Ground Water in New Mexico Domestic Well Rules and Regulations (19.27.5 NMAC) den., 2006-NMCERT-004, 137 N.M. 454, 112 P.3d 1111. State law in New Mexico creates a priority water rights system for groundwater. University of New Mexico School of Law New Mexico groundwater rights are governed by the doctrine of prior appropriation, which serves as the default legal framework of groundwater regulation in the state. This allowed the appropriator to transfer his senior priority date from the stream to the new well, a significant legal advantage. Search Best Lawyers Now. P.O. The National Center for Agricultural Law Research and Information (Center) was created in 1987 under Public Law 100-202, 101 Stat. Harold Runnels Building The temporary storage at near ground level of mixed waste — which means a hodge-podge of chemicals and radioactive waste — is not very temporary, as no permanent solution exists for these waste products. The Utton Transboundary Resources Center - UNM School of Law 1117 Stanford NE MSC11 6070, 1 University of New Mexico Albuquerque, NM … PH 505-705-8300 Harold Runnels Building New Mexico's water law is based on the doctrine of prior appropriation. Section 72-5A-2 — Legislative findings. Under New Mexico law, a declaration is prima facie proof of the validity of the water right,2 but the State Engineer has the discretion to refuse to accept an amended declaration. New Mexico Ground Water Association. Box 1556 Bernalillo, NM 87004. LAWS OF TEXAS AND NEW MEXICO OVER SHARED GROUNDWATER AND NEW MEXICO’S DESIRE FOR REGULATION. See cover page for more information. Having trouble finding what you are looking for?Feel free to contact us or use our A to Z page to find an alphabetical list of pages and services available on this site. A New Mexico court treated this as a change in the appropriator’s point of diversion from the stream to the new well. The withdrawal of groundwater is also regulated where necessary to avoid overuse of aquifers. P.O. Mission: To preserve, protect and improve New Mexico’s groundwater quality for present and future generations. Overview: The role of the Ground Water Quality Bureau is to protect the environmental quality of New Mexico’s groundwater resources as mandated by the Water Quality Act and the New Mexico Ground and Surface Water Protection Regulations (20.6 NMAC), and to identify, investigate, and clean-up contaminated sites which pose significant risks to human health and the environment. Groundwater use in New Mexico was relatively minor until the 20th century. 1190 Saint Francis Drive Current Conditions (25 sites) Current conditions at selected sites based on the most recent data from on-site automated recording equipment. The riparian doctrine has never been the law.12 The legis lature has declared water in underground streams, channels, artesian ba The purpose of the PIP is to provide public participation opportunities and information that may be needed to participate in GWQB regulatory activities. In City of Albuquerque v. 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