This rule was filed as State Engineer Rule 66-1, Article 7-6 and 7-6.1.

TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 27 UNDERGROUND WATER

PART 30 ESTANCIA BASIN

19.27.30.1 ISSUING AGENCY: Office of State Engineer.

[Recompiled 12/31/01]

19.27.30.2 SCOPE: [RESERVED]

[Recompiled 12/31/01]

19.27.30.3 STATUTORY AUTHORITY: Adopted pursuant to the authority of Sections 72-2-8, 72-2-12 and 72-13-4, New Mexico Statutes Annotated, 1978.

[Recompiled 12/31/01]

19.27.30.4 DURATION: [Permanent]

[Recompiled 12/31/01]

19.27.30.5 EFFECTIVE DATE: November 1, 1966

[Recompiled 12/31/01]

19.27.30.6 OBJECTIVE: This Rule is formulated for the purpose of carrying out the provisions of the statutes governing underground waters and describing the present extent of all declared underground water basins in New Mexico.

[Recompiled 12/31/01]

19.27.30.7 DEFINITIONS: [RESERVED]

[Recompiled 12/31/01]

19.27.30.8 ESTANCIA BASIN:

A. The lands declared within the Estancia Basin on January 31, 1950, are as follows: Beginning at the northeast corner of Township 11 North, Range 10 East; thence westerly along township line to the northwest corner of Township 11 North, Range 8 East; thence southerly along range line to the southwest corner of said township; thence westerly along township line to the northwest corner of Township 10 North, Range 7 East; thence southerly along range line to the southwest corner of Township 9 North, Range 7 East; thence westerly along township line to the northwest corner of Township 8 North, Range 7 East; thence southerly along range line and range line as projected across the Chilili Grant to the northeast corner of Township 6 North, Range 6 East; thence westerly along township line to the northwest corner of Section 5, of said township; thence southerly along section line to the southwest corner of Section 32 of said township; thence westerly along township line to the northwest corner of Section 1, Township 5 North, Range 5 East; thence southerly along section line to the southwest corner of Section 36 of said township; thence westerly along township line to the northwest corner of Section 1, Township 4 North, Range 5 East; thence southerly along section line to the southwest corner of Section 24 of said township; thence easterly along section line to the northwest corner of Section 29, Township 4 North, Range 6 East; thence southerly along section line to the southwest corner of Section 32 of said township; thence easterly along township line to the northwest corner of Township 3 North, Range 9 East; thence southerly along range line to the southwest corner of Section 7 of said township; thence easterly along section line to the northwest corner of Section 13 of said township; thence southerly along section line to the southwest corner of said Section 13; thence easterly along section line to the southeast corner of said Section 13; thence southerly along range line to the southwest corner of Township 3 North, Range 10 East; thence easterly along township line to the northwest corner of Section 4, Township 2 North, Range 10 East; thence southerly along section line to the southwest corner of Section 9 of said township; thence easterly along section line to the northwest corner of Section 13 of said township; thence southerly along section line to the southwest corner of Section 24 of said township; thence easterly along section line to the northwest corner of Section 29, Township 2 North, Range 11 East; thence southerly along section line to the southwest corner of Section 32 of said township; thence easterly along township line to the southeast corner of said township; thence northerly along range line to the northeast corner of Township 4 North, Range 11 East; thence easterly along township line to the southeast corner of Township 5 North, Range 11 East; thence northerly along range line to the northeast corner of Township 7 North, Range 11 East; thence westerly along township line to the southeast corner of Township 8 North, Range 10 East; thence northerly along range line to the point of beginning.

B. The lands included by the extension of March 28, 1975, are as follows:

(1) Beginning at the southeast corner of Section 32, Township 12 North, Range 10 East, a point common to the presently declared boundaries of the Estancia Underground Water Basin and the Rio Grande Underground Water Basin; thence north along section line to its intersection with the topographical drainage boundary between the Estancia Valley and the Rio Grande on the east line of Section 32, Township 12 North, Range 10 East; thence westerly along said topographical drainage boundary to its intersection with the east boundary of the Sandia Underground Water Basin also being the Bernalillo-Santa Fe county line, within the San Pedro Grant; thence south along the Bernalillo-Santa Fe county line to the southwest corner of Section 31, Township 11 North, Range 7 East, a point on the presently-declared Estancia Underground Water Basin boundary; thence easterly along existing basin boundary to the point of beginning.

(2) Beginning at the northeast corner of Section 24, Township 10 North, Range 6 East, a point common to the presently declared boundaries of the Estancia Underground Water Basin and the Sandia Underground Water Basin; thence west along section lines to the northwest corner of Section 23, Township 10 North, Range 6 East; thence south along section line to the southwest corner of said Section 23; thence west along section line to the northwest corner of Section 27, Township 10 North, Range 6 East; thence south along section line to the southwest corner of said Section 27; thence west along section line to the northwest corner of Section 33, Township 10 North, Range 6 East; thence south along section lines to the southwest corner of Section 33, Township 9 North, Range 6 East; thence west along township line to the northwest corner of Section 4, Township 8 North, Range 6 East; thence south along section line to its intersection with the north boundary of the Isleta Indian Reservation, being on the west line of said Section 4; thence southwesterly along said reservation boundary to its intersection with the west line of Section 23, Township 7 North, Range 5 East; thence south along section lines to the northeast corner of Section 3, Township 6 North, Range 5 East; thence west along township line to the northwest corner of said Section 3; thence south along section lines to the southwest corner of Section 15, Township 6 North, Range 5 East; thence east along section line to the southeast corner of said Section 15; thence south along section lines to the northeast corner of Section 10, Township 5 North, Range 5 East; thence west along section lines to the northwest corner of Section 9, Township 5 North, Range 5 East; thence south along section lines to the southwest corner of Section 33, Township 5 North, Range 5 East; thence west along township line to the northwest corner of Section 4, Township 4 North, Range 5 East; thence south along section line to the southwest corner of said Section 4; thence east along section lines to the northwest corner of Section 11, Township 4 North, Range 5 East; thence south along section line to the southwest corner of said Section 11; thence east along section line to the southeast corner of said Section 11, a point on the presently-declared boundary of the Estancia Underground Water Basin; thence northerly along the existing basin boundary to the point of beginning.

C. ESTANCIA BASIN - SPECIAL PROVISION: Because of the low quality of the upper or first water, all permits granted in the following described areas shall have as a condition of approval that this water be cased off in such manner that it cannot commingle with other waters found in this basin: East 1/2 of Township 5 North, Range 9 East; E 1/2 of Township 6 North, Range 9 East; E 1/2 of Township 7 North, Range 9 East; E 1/2 of Township 8 North, Range 9 East; all of Townships 5, 6, 7 and 8 North, Range 10 East. An exception may be made if additional water samples at the drilling site indicate the upper water to be acceptable for irrigation purposes. The State Engineer's representative will determine the necessary casing program to protect the known fresh waters.

D. [TOWNSHIP AND RANGE MAP: See 7-6.2 Estancia Basin, PDF file No. 19.027.0030.8-Estancia.]

[SE 66-1, Article 7-6 and 7-6.1; Recompiled 12/31/01]

HISTORY OF 19.27.30 NMAC:

Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives.

SE 66-1, Rules and Regulations Governing Drilling of Wells and Appropriation and Use of Ground Water in New Mexico 1966, originally filed with the Supreme Court Law Library 11/1/66. Filed with the State Records Center 6/27/91.

SE 66-1, Amendment No. 9, 9/25/75.

History of Repealed Material: [RESERVED]