You do not have permission to edit this page, for the following reasons:
Section number derived automatically from the wiki page. Move the page to change the section number.
Select the flowchart which accompanies this section.
Please check the technology the roadmap section applies to (select all that apply)
Select the hydropower project type
Information current as of
The year this permitting roadmap section was updated to current information.
As a general rule, the State Engineer has declared all groundwater basins in New Mexico, placing all groundwater under the administrative authority of the [[New Mexico Office of the State Engineer]] (NMOSE). However, [[NMSA 72-12 Underground Waters | NMSA 72-12-25]] carves out an exception to the general rule that all water in New Mexico is under the control of the NMOSE. In cases where a groundwater aquifer is entirely 2,500 feet or more below the surface and the water therein is “nonpotable”, certain types of development activity (including the development of geothermal resources) are relieved of the general water appropriation process and instead must only submit to minimal reporting requirements. For purposes of [[NMSA 72-12 Underground Waters | NMSA 72-12-25]], “nonpotable” means water containing not less than one thousand parts per million of dissolved solids.
Overview of the permit or section being discussed.
==19-NM-g.1 – Analyze Representative Aquifer Sample for Concentration of Total Dissolved Solids==
Initially, a developer must contract with a certified laboratory that can determine the statutory conditions of “nonpotable” are met. To satisfy the baseline conditions, the developer must present objective evidence that a representative sample of the aquifer contains at least one thousand parts per million of dissolved solids.
==19-NM-g.2 – Notice of Intention (NOI) to Drill Wells to Appropriate Nonpotable Groundwater==
Where the aquifer is entirely below 2,500 feet, after obtaining certifiable evidence of nonpotable groundwater, a developer desiring to appropriate the groundwater must file a [[NMOSE Forms | Notice of Intention to Drill Wells to Appropriate Nonpotable Groundwater]]. As part of the notice, a developer must attach geological cross-section maps, and any additional studies that form the basis for contention that the aquifer meets the statutory requirements under [[NMSA 72-12 Underground Waters | NMSA 72-12-25]], including a lab report confirming the groundwater resource is “nonpotable.” In addition, the developer must either own the land on which the well will be located or have permission from the landowner to drill a well.
==19-NM-g.3 to 19-NM-g.4 – Provide Public Notice of NOI==
In addition to notifying the NMOSE, a developer must also put the public on notice by publishing the NOI for three consecutive weeks in a newspaper of general circulation in the county where the project is located. The developer must submit an affidavit of publication to the NMOSE within 10 days of initial publication. During the notice period, any individual may bring a suit in the proper county court challenging potential impairment of their existing rights due to the impending appropriation of nonpotable water. However, unlike the general water appropriation process, a developer is not subject to protest and hearing from the public.
==19-NM-g.5 to 19-NM-g.6 – Artesian Well Plan of Operations==
Even where all of the deep groundwater conditions are met in a particular aquifer, a developer must submit a detailed [[NMOSE Artesian Well Plan of Operations]] to the NMOSE. A NMOSE Artesian Well Plan of Operations requires no fee but does require driller information and extensive well information, including specifications for multiple types of casing. The State Engineer must approve the Artesian Well Plan of Operations in order for the project to progress.
==19-NM-g.7 to 19-NM-g.10 – Application for Permit to Drill a Well with No Consumptive Use of Water==
After the State Engineer approves the Artesian Well Plan of Operations, a developer must submit a [[NMOSE Forms | Application for Permit to Drill a Well with no Consumptive Use of Water]]. The application must identify the applicants, describe the well location in detail using coordinates, and include all five types of documentation requirements applicable to geothermal wells. The NMOSE will review applications for completeness, allowing a defective application the chance to cure, before the State Engineer decides whether to approve or deny the application.
==19-NM-g.11 to 19-NM-g.12 – Drill Deep Groundwater well==
Upon receipt of approval, a developer may drill the deep groundwater well. However, a developer may not appropriate the nonpotable water until equipping a totalizing meter at the well site for subsequent monitoring purposes.
==19-NM-g.13 to 19-NM-g.15 – Appropriate Deep Groundwater==
A developer may begin appropriating nonpotable water from the water well once the totalizing meter is in place and functioning properly. The licensed driller must submit a well record to the NMOSE once drilling operations are complete. In addition, the developer must adhere to quarterly recording requirements assessing the amount of water diverted by the well.
Paragraphs supporting the elements in the flowchart. Delineate section headers with "==" wiki text.
Enter agency or multiple agencies, separated by semi-colons.
[[NMOSE Forms | Notice of Intention to Drill Wells to Appropriate Nonpotable Groundwater]];
[[NMOSE Artesian Well Plan of Operations]];
[[NMOSE Forms | Application for Permit to Drill a Well with no Consumptive Use of Water]]
Enter multiple References, separated by semi-colons. Use standard wiki text for links.
[[NMSA 72-12 Underground Waters | NMSA 72-12-25]]
Enter multiple Regulations, separated by semi-colons. Use standard wiki text for links.
Please provide the contact position or title. Use the drop down selection to find the appropriate contact.Options are listed in the format of: Organization: Position
Assemble a trigger using the fields below. Multiple triggers are treated as "OR" conditionals.
Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation
DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment
can be described as
CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing
ActiveNoApplicant Is Lessee
Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification
Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste
Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2
Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances
Interconnection AgreementPre-Application Process
State Highway ROW
Exceeds Max Length Or Load
Please note that all contributions to Open Energy Information are considered to be released under the Creative Commons Zero (see Creative Commons).
When contributing, you must abide with Open Energy Information's core content policies of neutral point of view, verifiability, and no original research.
This is a minor edit
Watch this page
| Editing help