Court ruling on well permits (Santa Fe: home, living in, law)

[Devin Bent]

Judge upends state well-permit law - SantaFeNewMexican.com


This may be bad news for people who have bought property assuming that they will be able to drill a domestic well someday.

Apparently it has been automatic that you could get a permit. Now -- maybe that is in the past.

[Solidwood]

It was coming for a long time. A well may be possible but with another hoop to jump. The state engineer now requires that you have a water rights investigation before you drill to avoid cutting into historic water rights. With about 2 percent of the state area as surface water, most water comes from ground water sources.

[Vinegaroon]

The decision only applies to Grant, Hidalgo and Luna Counties for now. I would not assume anything as to other counties for now. However, if you want a domestic well, you better apply for one now if you are in other counties, because the legislature may act on this next session. Get that application in.

[Devin Bent]

Originally Posted by Vinegaroon

The decision only applies to Grant, Hidalgo and Luna Counties for now. I would not assume anything as to other counties for now. However, if you want a domestic well, you better apply for one now if you are in other counties, because the legislature may act on this next session. Get that application in.

IDK -- but I'd guess that the ruling will soon be extended to any place where the facts are similar to the particular case. That is, anywhere the water rights are fully taken, appropriated -- whatever the word is.

Also IDK -- but my understanding is that current permits have been for three acre feet -- which is the same it has been for years. I'd guess that number will start coming down in the absence of some extraordinary justification.

But I am certainly open to be corrected on any of this.

[Idunn]

Remember the Anasazi?

One big factor affecting wells, vegetation, and most everything else is global climate change. It seems the severe die off of piñon around Santa Fe and points north may have been influenced by this. And the National Park Service says the severe Pine Beetle infestation of north central Colorado is. So one might wonder just how viable a home in the American Southwest will be in the decades to come?

For those interested, here is a link to one of these studies (Scientific Assessment of the Effects Global Change on the United States):
Scientific Assessment

[Devin Bent]

Originally Posted by Idunn

Remember the Anasazi?

One big factor affecting wells, vegetation, and most everything else is global climate change. It seems the severe die off of piñon around Santa Fe and points north may have been influenced by this. And the National Park Service says the severe Pine Beetle infestation of north central Colorado is. So one might wonder just how viable a home in the American Southwest will be in the decades to come?

Scientific Assessment

Also -- independent of climate change -- we may just be using too much and the aquifer starts dropping. As I understand it -- and I am a neophyte here -- Santa Fe and ABQ have bought some water rights and will pipe it in. Santa Fe in theory will use the new rights to give the aquifer a rest. IDK what ABQ intends.

[Vinegaroon]

Originally Posted by Devin Bent

IDK -- but I'd guess that the ruling will soon be extended to any place where the facts are similar to the particular case. That is, anywhere the water rights are fully taken, appropriated -- whatever the word is.

Also IDK -- but my understanding is that current permits have been for three acre feet -- which is the same it has been for years. I'd guess that number will start coming down in the absence of some extraordinary justification.

But I am certainly open to be corrected on any of this.

It is 3 acre feet in most of the state. I think Santa Fe County has been restricting use to 1 acre foot for new wells for a few years now, and in the NPT Basin the Aamodt Court has restricted post moratorium wells to indoor use only. I wonder why they don't first try restricting use to 1 acre foot across the state instead of changing the application process. 1 acre foot of water is more than enough for household use. The problem has been people using their "domestic well" to grow grass, vegetables, flowers and other stuff outdoors. Let's just restrict them all to 1 acre foot, and indoor use only.

[hogfarmer]

This might be a dumb question, but is the size of the property considered in the water rights determination? In other words, a 20 acre property should not be viewed the same as some developer putting 3 cabins on an acre, should it? Or am I off base here? Thanks

[Devin Bent]

Originally Posted by hogfarmer

This might be a dumb question, but is the size of the property considered in the water rights determination? In other words, a 20 acre property should not be viewed the same as some developer putting 3 cabins on an acre, should it? Or am I off base here? Thanks

Your position is reasonable, but as far as I know size has not mattered so far -- not the sq footage of the house, the acreage of the property, or the number of people living in the house. Everybody just gets a permit to drill a well for three acre feet except as V. points out -- certain areas around Santa Fe, and of course -- areas served by a communal system.

As far as I know Santa Fe doesn't have less water than other places it is just ahead of other places in addressing the question.

But if you could get in now and get your 3 acre feet -- I think that would more than enough water for you.

Again -- I welcome correction from anybody who knows better.

And this was a lower court decision -- might it be overturned???

[Vinegaroon]

A Section 72-12-1 well is designed to be used for "relatively small amounts of water", and for:

watering of livestock
irrigation not to exceed one acre of noncommercial trees, lawn or garden
in household or domestic use

Domestic wells normally will be associated with one household, and if more than one you usually have to have as a condition of approval that you are allowed to use the well for multiple households.'

Hogfarmer, if you have a 40 acre property or a 100 acre property, it does not matter for domestic wells. What matters is that you don't irrigate more than one acre of landscape, or use it for more than one household. These days we are moving more and more towards metering, so the primary factor will be that you are not using more than 3 acre feet of water annually. Most households that use water conservatively should be able to get by with fourth of an acre-foot for indoor use.