N.M. Admin. Code § 19.26.2.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.26.2.9 - NOTICE OF INTENTION TO FILE APPLICATION FOR PERMIT TO APPROPRIATE SURFACE WATER

A notice of intention to file an application for permit to appropriate surface water may be filed for the purpose of establishing priority of application. The application shall be prepared and filed within one year of the date of filing of the notice. A notice of intention to file an application for permit to appropriate surface water, automatically expires at the end of one year if an application as described in the notice of intention is not filed.

A. Form - content: A notice of intention to file application for permit to appropriate surface water shall be filed on a form prescribed by the state engineer. A notice of intention shall include the following information: the name and address of the applicant, the use to which the water will be applied, the amount of water required for the proposed use, legal descriptions for the point of diversion and the place of use, the method of conveyance, and the annual water use schedule. The point of diversion shall be described using latitude and longitude or the New Mexico state plane coordinate system. If a notice lacks any of this information, it may be returned for completion.

B. Filing fee: A fee of $25 must accompany the notice of intention to file an application.

C. Rejection of notice of intention: When the state engineer is of the opinion that there is no unappropriated surface water available, the notice of intention shall be rejected or refused.

N.M. Admin. Code § 19.26.2.9

19.26.2.9 NMAC - N, 1/31/2005