N.M. Stat. § 72-5A-4
Permit required.
A. No governmental entity may construct and operate a storage and recovery
project in a declared ground water basin without a permit from the state engineer and
other permits that may be required.
B. The state engineer shall prescribe application forms for a permit. The application
shall include:
(1)
an application fee in the amount of five thousand dollars ($5,000) plus five
dollars ($5.00) per acre-foot of the annual capacity of the proposed storage and
recovery project, not to exceed fifty thousand dollars ($50,000); an annual fee of fifty
cents ($.50) per acre-foot of water stored, payable upon submission of the annual report
required by the Ground Water Storage and Recovery Act;
(2)
the name and mailing address of the applicant;
(3)
the name and mailing address of the owner of the land on which the
applicant proposes to operate the project;
(4)
the name of the declared underground water basin in which the applicant
proposes to operate the project;
(5)
the legal description of the location of the proposed project;
(6)
evidence of financial and technical capability;
(7)
the source, annual quantity and quality of water proposed to be injected
and the quality of water in the receiving aquifer;
(8)
the identification, characteristics, capacity and location of each recharge
and recovery well, including existing pre-basin wells, existing permitted wells and new
wells sought to be drilled for recharge or recovery pursuant to the application and the
identification of existing permitted and declared wells in the underground area effected
[affected] by storage and recovery operations;
(9)
a description of the proposed project, including its capacity, plan of
operation and percentage of anticipated recoverable water;
(10)
evidence that the applicant has a valid water right quantified by one of the
following legal processes:
(a) a water rights adjudication;
(b) a consent decree;
(c) an act of congress, including a negotiated settlement ratified by congress;
(d) a contract pursuant to 43 USC 620 et seq.; or
(e) an agreement with an owner who has a valid water right subject to an
application for a change in purpose, place of use or point of diversion;
(11)
a project plan that:
(a) shows that the project will not cause harm to users of land and water
within the area of hydrologic effect;
(b) demonstrates that the project is hydrologically feasible;
(c) demonstrates that the project will not impair existing water rights or the
state's interstate obligations;
(d) demonstrates that the project will not be contrary to the conservation of
water within the state; and
(e) demonstrates that the project will not be detrimental to the public welfare
of the state;
(12)
a sworn statement executed by the owner of the land that the applicant is
granted an easement and authorization to construct and operate the project on the site,
if project facilities are located on land not owned by the applicant;
(13)
copies of completed applications for all other permits required under state
and federal law;
(14)
the proposed duration of the permit; and
(15)
any additional information required by the state engineer.