When the well to be plugged may safely be used as a fresh water well and such utilization is desired by the land owner, the well need not be filled above a sealing plug set below the fresh water formation, provided that written agreement for such use by the owner of the well and by the land owner is filed with the division. Upon acceptance of the well by the land owner, the well's bond may be released.
N.M. Admin. Code § 19.14.74.8