NEW MEXICO GROUND WATER ASSOCIATION

DOMESTIC WELL PERMIT POSITION STATEMENT

In the past numerous legislative bills have been introduced to severely limit the use of domestic wells, these bills have been spurred by the "no growth" organizations who want to stop continued growth in New Mexico.

The NMGWA contends that domestic wells are a safe, affordable and viable option in supplying property owners with water to live. Controlling growth through domestic wells will have severe economic impacts for the entire state of New Mexico, simply because without water for you and your family, a piece of property becomes worthless. It is not realistic to expect that municipalities can safely and economically supply all New Mexicans with their domestic water today and it is certainly unrealistic to assume they can safely maintain the systems far into the future.

The NMGWA feels the legislature’s implementation of 72-12-1.1 clearly outlines their intentions in allowing property owners the right to water for domestic use;

72-12-1.1. Underground waters; domestic use; permit. A person, firm or corporation desiring to use public underground waters described in this section for irrigation of not to exceed one acre of noncommercial trees, lawn or garden or for household or other domestic use shall make application to the state engineer for a well on a form to be prescribed by the state engineer. Upon the filing of each application describing the use applied for, the state engineer shall issue a permit to the applicant to use the underground waters applied for; provided that permits for domestic water use within municipalities shall be conditioned to require the permittee to comply with all applicable municipal ordinances enacted pursuant to Chapter 3, Article 53 NMSA 1978.

The NMGWA further asserts that a property owners access to a water supply for domestic use is a fundamental right granted in the New Mexico State Constitution under Article 2 Sec. 4. [Inherent rights.]:

All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.

Because domestic wells are not metered, no one knows the true withdrawal from domestic wells. Assumptions by the State Engineer in the 2000 Office of the State Engineer Water Use by Categories in New Mexico Counties and River Basins and Irrigated Acreage put domestic wells at 1.89% of all ground water pumped. This number is based on an assumption that all permitted wells are in service and pumping 1 acre foot per year (325,851 gallons). In addition, due to poor tracking of permits issued, well logs received and plugged well reports, the State Engineer cannot precisely determine the actual number of domestic wells that are in operation. The NMGWA would argue that the published amount is far greater than what actual use would be given that the national average of water use per person per day totals 100 gallons, this means a family of 5 averages 182,500 gallons per year. This puts domestic well withdrawals far below the 1.89% assumption.

The NMGWA fully supports conservation and the wise use of water resources throughout New Mexico and believes this can be accomplished through several different approaches that would not eliminate property owners from the right to a domestic well or make the cost of a domestic well so high that a property owner can’t afford it.

The NMGWA supports reasonable withdrawal restrictions in the issuance of domestic well permits given:

1. Statewide metering and reporting of all domestic wells is implemented before such actions were taken.

2. Annual withdrawal restrictions based on public input, good scientific data and not an arbitrary number decided on by the State Engineer.

And would support reasonable Domestic Well Management Area restrictions given:

• Stringent hydrological studies in the area in question must be performed.
• Annual withdrawal limits based on the hydrological studies and public input.
• Public hearings must be held, with ample notification prior to the hearings.

The NMGWA strongly feels that by taking reasonable measures with domestic well permit regulations, property ownership in New Mexico will continue to provide economic stability to our state.

www.epa.gov/watersense/pubs/indoor/htm