TITLE
19 NATURAL RESOURCES AND
WILDLIFE
CHAPTER
25 ADMINISTRATION AND USE OF
WATER-GENERAL PROVISIONS
PART
9 PROHIBITIONS ON USE OF
SURFACE WATER AND GROUND WATER IN
DESIGNATED AREAS
19.25.9.1 ISSUING AGENCY: Office of the State Engineer.
[19.25.9.1
NMAC - N, 07/31/03]
19.25.9.2 SCOPE: This rule applies to all geographic areas within the jurisdiction
of the state engineer. This rule shall
not be construed to limit or otherwise alter the jurisdiction, power, or
authority of the state engineer.
[19.25.9.2
NMAC - N, 07/31/03]
19.25.9.3 STATUTORY AUTHORITY: Section 72-2-1 NMSA 1978 grants the state engineer the general
supervision of waters of the state.
Section 72-2-8 NMSA 1978 grants the state engineer the authority to
adopt regulations and codes, and to issue orders that are necessary to
accomplish its duties.
[19.25.9.3
NMAC - N, 07/31/03]
19.25.9.4 DURATION: Permanent; until later amended, repealed or replaced.
[19.25.9.4
NMAC - N, 07/31/03]
19.25.9.5 EFFECTIVE DATE: July 31, 2003, unless a later date is cited in the history note
at the end of a section.
[19.25.9.5
NMAC - N, 07/31/03]
19.25.9.6 OBJECTIVE: The objective of this Part is to place restrictions on wells and
transfers of either surface water or ground water within the boundaries of
certain areas as determined by the state engineer in the interest of safety and
the protection of life and property within the state of New Mexico.
[19.25.9.6
NMAC - N, 07/31/03]
19.25.9.7 DEFINITIONS: Unless otherwise defined below, terms used in this rule have the
same meanings as set forth in Chapter 72 NMSA 1978. Unless defined below or in a specific section, all other words
used in these regulations shall be given their customary and accepted meanings: "Superfund" means federal and
state laws designed to clean up sites where past, improper disposal of
hazardous substances caused soil, surface water and ground water contamination.
[19.25.9.7
NMAC - N, 07/31/03]
19.25.9.8 PROHIBITED ACTIVITIES: It shall be unlawful for any person or persons to drill new
wells, or transfer either surface water or ground water to existing wells in
any areas designated by the state engineer as restricted from such activities.
[19.25.8
NMAC - N, 07/31/03]
19.25.9.9 AREAS SUBJECT TO PROHIBITIONS: By order of the office of the state engineer, it is prohibited to
drill new wells, appropriate new surface water or ground water, or transfer
either surface water or ground water to existing wells within the following
geographic areas: FRUIT AVENUE PLUME
SUPERFUND SITE. The state engineer
hereby prohibits any drilling of new wells or transfer of either surface water
or ground water to existing wells within the boundaries in Albuquerque, New
Mexico identified as the Fruit Avenue Plume Superfund Site within which the
ground water is contaminated with tetrachloroethene (PCE), trichloroethene
(TCE), cis-1, 2-dichlorothen and trans-1, 2-dichloroethene. Both PCE and TCE levels are above drinking
water standards, and this prohibition is necessary to protect the public
welfare. The Fruit Avenue Plume area is
approximately bounded by Fruit Avenue to the north, Elm Street to the east,
Tijeras/Martin Luther King Avenue to the south, and 4th Street to the
west. The precise delineations of the
area are as follows:
State Plane Nad-27 feet
Latitude Longitude X Y
35.087144 |
-106.653004 |
379,437 |
1,487,207 |
35.091449 |
-106.652186 |
379,688 |
1,488,772 |
|
-106.638083 |
383,904 |
1,488,127 |
35.088565 |
-106.636911 |
384,253 |
1,487,705 |
35.083800 |
-106.637895 |
383,952 |
1,485,972 |
35.085398 |
-106.646737 |
381,309 |
1,486,564 |
35.086408 |
-106.648219 |
380,867 |
1,486,933 |
[19.25.9.9
NMAC - N, 07/31/03]
19.25.9.10 PENALTIES: Violation of this Part is a misdemeanor punishable by a fine of
not less than twenty-five dollars ($25.00), nor more than two hundred and fifty
dollars ($250.00), for each offense; and each day of continued violation shall
constitute a separate offense; or by imprisonment in the county jail not to
exceed one year or both for each and every violation pursuant to Section
72-12-11 NMSA 1978.
[19.25.9.10
NMAC - N, 07/31/03]
HISTORY
OF 19.25.9 NMAC: [RESERVED]