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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Ground Water <br /> <br />Ground water is the property of the public in New Mexico and is sub- <br />ject to appropriation for beneficial use (N.M.S. ~75-5-1). New Mexico sta- <br />tutes also impose the doctrine of prior appropriation on ground water <br />usage. The State Engineer exercises exclusive administrative control over <br />the management of ground water within the State of New Mexico and is guided <br />by the foll owi ng general pri nci p 1 es: <br /> <br />o Wells may be drilled in ground waters appropriated for beneficial <br />uses outside of the boundaries of the declared areas of the state <br />without the appropriators making application to the state engineer <br />subject only to prior and existing rights within such areas. <br /> <br />o Existing rights to beneficial use of underground waters are recognized <br />and confirmed by the statutes. The state engineer permits the filing <br />of declarations and rights. Any new right to the use of waters in a <br />declared underground water basin must originate by application to the <br />state engineer. <br /> <br />o Any right to the use of underground waters shall be subject to the <br />valid and existing right to the use of such waters by all prior <br />appropriators thereof. Excessive, wasteful, or otherwise non- <br />beneficial use does not constitute a valid water right. <br /> <br />A large part of New Mexico overlies "Declared Underground Water Basins" <br />(Figure 7). In those declared basins that are tributary to surface waters, <br />permits are granted only insofar as senior surface rights are protected. <br />Nontributary ground water basins are regulated to allow a 4D-year life for <br />irrigation purposes. The State Engineer has significant authority in the <br />issuance or denial of a permit in declared ground water basins. As cited in <br />N.M.S. ~75-11-3(7), if the State Engineer determines that a permit should <br />not be issued, the application may be denied with or without a hearing. His <br />decision is subject to appeal in the District Court. <br /> <br />Presently the State Engineers' office will not grant a new permit for <br />any sizable use of tributary ground water in a declared basin (e.g. 3 acre- <br />feet or less). Under New Mexico law, the most important consideration in a <br /> <br />~~oo <br /> <br />55 <br />