U.S. Water News Online
SANTA FE, N.M. -- The state's top water official is considering tighter restrictions on pumping from new domestic wells and may propose higher fees for water well permits.
State Engineer John D'Antonio said a decision should be made in the next few weeks whether his office will propose regulations to limit a well to one acre foot per year for a household -- a third of what currently can be pumped.
He also may propose raising the permit fee from $5 to $500, with the money used to acquire water rights or pay for other actions to offset water depletion attributed to well usage.
D'Antonio said he was waiting for approval from Gov. Bill Richardson's office before moving ahead with water well changes.
He said he would like to start the proposed rule-making before next year's legislative session when it's expected that domestic wells will be a hotly debated topic.
Currently, the state engineer must grant permits for new domestic use wells, which covers those for household use, livestock and irrigation of up to an acre of land. The engineer can't reject a permit because of concerns how the well might affect the water rights of other users.
There have been legislative proposals to broaden the state engineer's regulatory power -- allowing him to deny new well permits -- but those have failed in the past.
Well permits allow for up to three acre feet of water a year. An acre foot is about 326,000 gallons.
Domestic wells are popular with developers because they don't require people to obtain new water rights. However, critics say that wells in some areas of the state potentially impair senior water rights and are affecting groundwater aquifers.
Currently, there are 143,600 wells across the state and nearly 9,500 well permits were issued between October 2002 and September 2004.
D'Antonio said he hoped to head off a potentially divisive legislative fight over domestic wells by suggesting the new restrictions on well use.
"It's a frustrating exercise to go and try to get something passed that is not going to get passed because it polarizes a bunch of different groups," D'Antonio said in an interview.
Currently, the engineer can impose limits on wells in areas facing critical water problems. In the Estancia Basin, for example, wells are limited to one acre foot a year. A court has ordered well restrictions in parts of southwestern New Mexico.
D'Antonio said the proposal under consideration would provide flexibility to allow up to three acre feet of water from wells for watering livestock in certain instances and for greater residential use for wells shared by households. He said up to three acre feet would be allowed for a shared well, with each household limited to one acre foot per year.
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