New Mexico Groundwater Lease

State:
Multi-State
Control #:
US-OG-1019
Format:
Word; 
Rich Text
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Description

This form may be used for a groundwater lease.
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FAQ

Article 16 of the New Mexico Constitution provides that the water of every natural stream, perennial or torrential, not appropriated prior to statehood belongs to the public and is subject to appropriation for beneficial use. A water right is actually a right to ?beneficially use? water, not a right to own water.

Before you have a well drilled, you must first obtain a permit to drill from the Office of the State Engineer. If the source of groundwater is unclear, you may first acquire an exploratory permit. If that well produces water, you can then obtain the permit to use the water.

Groundwater, New Mexico's largest source for drinking water, is found in aquifers accessed typically by wells which pump the water to the surface. Aquifers are recharged ? or refilled ? when water percolates through overlying rock and soils and refills the aquifer rock unit.

A riparian water right is a right to use the natural flow of water on riparian land. Riparian land is land that touches a lake, river, stream, or creek. Land that is in the public domain does not have riparian rights. The U.S. Bureau of Land Management manages public domain land.

Article 16 of the New Mexico Constitution provides that the water of every natural stream, perennial or torrential, not appropriated prior to statehood belongs to the public and is subject to appropriation for beneficial use. A water right is actually a right to ?beneficially use? water, not a right to own water.

Recent prices for water rights have ranged as high as $35,000 to $45,000 per right to consume an acre-foot each year in the Santa Fe area to $9,000 to $35,000 in the Middle Rio Grande to $2,400 in the Roswell Artesian Basin.

The vast majority of fresh water in New Mexico ? more than 80 percent ? is used for agriculture. 26 In com- parison, domestic use is about 10 percent.

A water use may be leased for forty years by municipalities, counties, state universities, special water users' associations, public utilities supplying water to municipalities or counties and member-owned community water systems as lessee and shall be entitled to the protection of the forty-year water use planning ...

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New Mexico Groundwater Lease