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<br />UU12~~ <br /> <br />use of a water right without a permit from the State Engineer. <br /> <br />The law requires the publication of notice of an application <br /> <br />to the State Engineer and gives opportunity to protest the <br /> <br />granting of an application and provides for a hearing before <br /> <br />the State Engineer. The Engineer's decision is, of course, <br /> <br />subject to appeal to the court. <br /> <br />our ground water code, enacted in substantially its present <br /> <br />form in 1931, parallels the surface water code in its essentials. <br /> <br />H~wever. the State Engineer has jurisdiction over the appropria- <br /> <br />tion of only those ground water sources which he has proclaimed <br /> <br />to have reasonably ascertainable boundaries. The State Engineer <br /> <br />-defines and proclaims, or declares, underground water basins <br /> <br />when it becomes apparent that regulation is necessary to protect <br /> <br />~ior appropriations, to insure beneficial use of water and <br /> <br />to insure the orderly development of the water resource. Thus <br /> <br />far, the State Engineer has declared 21 underground water basins <br /> <br />in the State of New Mexico; 26,800 square miles--or roughly <br /> <br />1/5 of the state's area--are included within such basins. <br /> <br />New Mexico's water situation is complicated by the fact <br /> <br />that she is both an import~nt headwater state and a downstream <br /> <br />recipient of water from upstream states. New Mexico is party <br /> <br />to seven interstate water compacts--all of our major streams <br /> <br />are subject to such agreements. Waters of the Gila river and <br /> <br />2 <br />