Tuesday, July 22, 2008

Domestic Well Permit - Longer Wait Periods

Many of you may have read articles over the past few days regarding a recent ruling by Judge J.C. Robinson of the Sixth Judicial District Court in Silver City. For those of you who have not, here is my interpretation of what I have read.
The Bounds family, generational farmers along the Mimbres River near Silver City, filed suit against the State Engineer's office regarding the issuance of domestic well permits to a subdivision near their family farm
The Bounds suit centers around current domestic well rule - the State Engineers office is required to issue a domestic well permit without a review process, however, for other types of water use the State Engineers office is required to review the applications and render a decision for issuance of permits based on protection of higher priority water right holders.
Judge Robinson's ruling requires the State Engineer's office to follow a review process before issuing a domestic well permit. With short staffing, the turn around time for issuance of a domestic well permit could be extensive. The State Engineers office may appeal Judge Robinson's ruling - only time will tell. If you are looking to buy or sell your unimproved land or if you are contemplating subdividing your land, you might want to give a call to the State Engineers office for complete information and permit application requirements.

New Mexico Office of the State Engineer:

Web Site - http://www.ose.state.nm.us

Main Phone Number - 505-827-6120 (Santa Fe)
Contact Page: http://www.ose.state.nm.us/program_support_contacts.html

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