N.M. Admin. Code § 19.25.8.22

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.25.8.22 - BURDEN OF PROOF

Prior to the state engineer approving an application for Underground Storage and Recovery, the applicant must meet its burden of proof. The applicant has the burden of proving:

A. the applicant has the technical and financial capability to construct and operate the project;

B. the project is hydrologically feasible;

C. the project will not impair existing water rights or the state's interstate obligations;

D. the project will not be contrary to the conservation of water within the state;

E. the project will not be detrimental to the public welfare of the state;

F. the applicant has a valid water right for the recharge water quantified by one of the following legal processes:

(1) a water rights adjudication;

(2) a consent decree;

(3) an act of congress, including a negotiated settlement ratified by congress;

(4) a contract pursuant to the Colorado River Storage Project Act, 43 U.S.C. Section 620 (1986 and Supp. 1999); or

(5) an agreement with an owner who has a valid water right subject to an application for a change in purpose, place of use or point of diversion

G. the applicant will obtain all other permits for the project required by state and federal law. A project shall not be operated under the Act until an applicant has obtained all other state and federal permits required for the project; and

H. the project will not impair water rights or cause harm to owners or land within the area of hydrologic effect.

N.M. Admin. Code § 19.25.8.22

19.25.8.22 NMAC - N, 01-31-2001