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~ ~ - "3 ':\ . 0,:.1 ,J ;.:' . DRAFT The' New Mexico groundwater code, enacted in substantially its present form i~ 1931, closely parallels the surface water code in its essentials. Under its terms, when the state engineer finds that the waters of an underground supply have reasonably ascertainable boundaries, and when he SQ proclaimS, be assumes jurisdiction over the appropriation of such waters:.. He proclaims, or declares, underground water basins by the issuance .of appropriate .orders and by publicatian of a description .of the basin oaundaries. The state engineer declares underground water basins when f~ oecomes apparent that regulation is necessary to protect prior apprapriatians, ta insure beneficial use of water, and to insure the orderly' development of the water resources. The. statutes permit the filing of declarations of right based upon beneficial use existing in a new basin or an extension of a declared basin ~f the date .of his order or declaration. Any new right to tbe use of waters in a declared underground water basin must originate by application to the state engineer. " The' public is notified of proposed appropriations by publication of each application i,,,- ,a newspaper of general circula.ti,on in the county in which the proposed ~ell will be located and any owner of a water right in the basin who feels that the use of water under such proposal will impair his right may file a protest thereto. If no objection or protest is filed, the state engineer shall approve the app'lication in whole or in part if he finds that there are unappro- priated waters .or that the proposed application will not impair existing rights. If protest has been filed and applicant and protestant are unable to reach an agreement, the state engineer shall hold a hearing on the application after which he will either approve the application or reject it. His decisian is subject to appeal to the District Court. 13. . ,.t; '.',