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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
P.S., I was discussing domestic wells, and not underground wells with irrigation rights. That is a whole different animal. One difference between domestic wells and underground wells before the recent court decision was that domestic wells were relatively easy to procure. You just had to fill out an application, and the State Engineer would approve it.
With an underground well, you have to go through an application process, publish your application, and then if anyone protests your application you will end up in an administrative hearing in front of the State Engineer.
In New Mexico, whiskey is for drinkin, and water is for fightin.
IDK -- ...
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...
Hi,
Just to let you all know "domestic" wells are allowed 1 acre feet of water. Change came about some time last year or so.
Hi,
Just to let you all know "domestic" wells are allowed 1 acre feet of water. Change came about some time last year or so.
Thanks. I am definitely no expert. I just thought we should discuss this topic because you see a fair number of people posting here who are buying land with the expectation that some day they'll build and put in a well.
Hi, and your welcome. You're right about some folks buying lots of land and without all the facts. According to the State Engineers Office, very soon we will need to first buy water rights from current land owners that have water rights, the ones that are selling that is, before we can get a permit for that domestic well. Currently, it costs $125 for a domestic well permit, so it's going to be a lot more expensive with having to purchase water rights. You all make sure you cover all your bases before buying your new land here...do the leg work yourselves (phone calls, emails, internet, take a trip our here to visit the pertinent county courthouse,etc)...don't depend solely on the realtor to do it for you.
Rebecca
According to whom at the State Engineer's Office? This would be big news if in addition to having to apply for a domestic well you would have to find water rights. I suppose this might be the case in the future, because the fact is most water is fully appropriated in NM. In addition, if things are moving this way, I don't see why you would not be able to sell your domestic well rights, which would be another change. Currently you cannot transfer domestic rights, but if you are going to have to find water rights, I see no reason why the law would not allow interbasin transfers, and a market for domestic well rights.
The State Engineer has posted policy as 2006 and yes, the new permits are limited to one acre foot for use not to "exceed one acre of noncommercial trees, lawn or garden, and for household or other domestic use."
You can get up to three acre feet if you can "transfer a valid, existing consumptive use water right."
How does it affectme if say I bought a 20 acre parcel in the Chama area that says I have to dig a well. Would I have enough water for a few animals and a garden with that well or am I being told a fib by different companies selling land. It seems harder for me to buy in New Mexico than it did for me to buy here in Eastern OK and I bought 300 acres here. I water a blueberry patch of 100 plus blueberries and keep my 30 cows with water out of one well. That well seems to be good even in drought situations we have had a few times.
I guess I thought I would dig a well and have plenty of water.
It wouldn't pay to try to collect water with collectors around the house and barn that go into a tank. That is what I did in Kentucy. Can't think of how to spell the word for it.
I started this thread, so I'll take a crack at responding to your post even I am no expert, more of an apprentice neophyte.
As I understand this, you still automatically get a domestic well permit for one acre foot per year -- that is one acre of land, one foot deep in water or
325,851 gallons per year. That is 892 gallons per day (except on leap years) and much much more than you would need for your home and shrubbery.
Is that enough for your intended uses? IDK.
But it does seem like your intended uses are maybe beyond what is contemplated by current rules for a domestic well. Are you talking about a couple of animals? I don't think anybody would mind. Or are you talking about 30 cows?
If it is 30 cows, I'd suggest that you talk to neighbors and see what they know. Then depending upon what they say, you might go into your county clerk's office or into a State Engineers office and see about a permit for a type of well permit that would be for the type of use you contemplate. The answer you get may depend upon whether water rights are fully appropriated in your area. Again IDK
Phone numbers for the State Engineer are listed in an earlier post.
Having said all this -- right now -- I don't think there is much enforcement going on and that many people are getting domestic well permits and doing what they please. There are probably people putting in wells without a permit. Again IDK and whether you can count on this in the future is a different matter.
Let us know what you find out. And again, all please feel free to correct me or add more.
Last edited by Devin Bent; 07-18-2008 at 08:04 AM..
I think it would be erroneous to presume that Bounds v. State of New Mexico and State Engineer affects domestic wells in any areas except those counties down south. At this point in time, in my opinion, the State Engineer still has to comply with the law, and that is NM Statute 72-2-1.
So right now, I think you can still submit a domestic well application to the State Engineer's Office, and they are bound to approve it.
In addition for $5, you can get a livestock well permit for your cows under 72-12-1.2
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State Englineer
