This rule was filed as 19 NMAC 27.2.30.2.

TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 27 UNDERGROUND WATER

PART 56 TUCUMCARI BASIN

19.27.56.1 ISSUING AGENCY: Office of the New Mexico State Engineer, P.O. Box 25102 Santa Fe, New Mexico 87504-5102

[3/11/98; Recompiled 12/31/01]

19.27.56.2 SCOPE: Anyone proposing to drill a well and/or appropriate groundwater in San Miguel, Guadalupe, Quay, Colfax, Union or Harding counties.

[3/11/98; Recompiled 12/31/01]

19.27.56.3 STATUTORY AUTHORITY: Sections 72-1-1, 72-2-1, 72-2-8, 72-12-1, 72-12-3, 72-12-28 NMSA 1978 (Repl. Pamp. 1985 and Cum. Supp. 1996).

[3/11/98; Recompiled 12/31/01]

19.27.56.4 DURATION: Permanent

[3/11/98; Recompiled 12/31/01]

19.27.56.5 EFFECTIVE DATE: November 14, 1998, unless a different date is cited a the end of a section or paragraph.

[3-11- 98; 11/14/98; Recompiled 12/31/01]

[Compiler’s note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

19.27.56.6 OBJECTIVE: The objective of this Special Order No. 156 is to take administrative control of the underground waters within a specific area of the state to provide for the orderly development of water rights and protection of existing water rights. The waters of the underground streams, channels, artesian basins, reservoirs, or lakes having reasonably ascertainable boundaries, are public waters and are subject to appropriation for beneficial use. The Tucumcari basin was declared and bounded by Special Order 132 of the state engineer dated July 7, 1982. The Tucumcari basin boundaries, as presently defined, do not include certain adjacent areas which are a part of the underground water basin having reasonably ascertainable boundaries and in which new appropriations of water might impair existing rights. Additionally, surface and underground waters in some areas within the boundaries of this extension may be interrelated with the surface and underground waters of the Tucumcari basin. THEREFORE, it is hereby declared that the area in San Miguel, Guadalupe, Quay, Colfax, Union and Harding counties comprising of approximately 5327 square miles and more fully described hereinafter is included by extension as part of the Tucumcari underground water basin, subject to New Mexico statutes, and the rules and regulations of the state engineer.

[3/11/98; 11/14/98; Recompiled 12/31/01]

19.27.56.7 DEFINITIONS: [RESERVED]

19.27.56.8 STATE ENGINEER SPECIAL ORDER NO. 156 TUCUMCARI BASIN EXTENSION: The area included within the Tucumcari basin extension begins at a point on the New Mexico and Texas state line approximately 500 feet southeast of the northwest corner of Section 17, Township 14 North, Range 37 East, NMPM; thence south along said state line to the northeast corner of Section 5, Township 8 North, Range 37 East, NMPM, being a point on the northern boundary of Curry County and the Curry County Underground Water Basin; thence west along county line to the southeast corner of Section 31, Township 9 North, Range 35 East, NMPM; thence north along section line to the northeast corner of said Section 31; thence west along section line to the northwest corner of Section 34, Township 9 North, Range 33 East, NMPM; thence south along section line to the southwest corner of said Section 34; thence west along Township line to the northwest corner of Section 3, Township 8 North, Range 33 East, NMPM; thence south along section line to the northeast corner of Section 21, Township 8 North, Range 33 East, NMPM; thence west along section line to the northwest corner of Section 19, Township 8 North, Range 33 East, NMPM; thence south along range line to the northeast corner of Section 36, Township 8 North, Range 32 East, NMPM; thence west along section line to the northwest corner of Section 34, Township 8 North, Range 32 East, NMPM; thence south along section line to the northeast corner of Section 4, Township 7 North, Range 32 East, NMPM; thence west along township line to the northwest corner of Section 3, Township 7 North, Range 31 East, NMPM; thence south along section line to the northeast corner of Section 9, Township 7 North, Range 31 East, NMPM; thence west along section line to the northwest corner of Section 11, Township 7 North, Range 30 East, NMPM; thence south along section line to the northeast corner of Section 15, Township 7 North, Range 30 East, NMPM; thence west along section line to the northwest corner of Section 17, Township 7 North, Range 30 East, NMPM, being a point on the existing boundary of the Fort Sumner Underground Water Basin; thence west along section line to the northwest corner of Section 13, Township 7 North, Range 28 East, NMPM; thence north along section line to the northeast corner of Section 2, Township 7 North, Range 28 East, NMPM; thence west along township line to the southeast corner of Section 32, Township 8 North, Range 28 East, NMPM; thence north along section line to the northeast corner of Section 29, Township 8 North, Range 28 East, NMPM; thence west along section line to the northeast corner of Section 27, Township 8 North, Range 27 East, NMPM; thence north along section line to the northeast corner of Section 3, Township 8 North, Range 27 East, NMPM; thence East along township line to the southeast corner of Section 34, Township 9 North, Range 27 East, NMPM; thence north along section line to the northeast corner of Section 27, Township 9 North, Range 27 East, NMPM; thence west along section line to the southeast corner of Section 21, Township 9 North, Range 27 East, NMPM; thence north along section line to the northeast corner of said Section 21; thence west along section line to the northwest corner of Section corner of Section 23, Township 9 North, Range 26 East, NMPM; thence south along section line to the northwest corner of Section 35, Township 9 North, Range 26 East, NMPM; thence west along section line to the northwest corner of Section 35, Township 9 North, Range 24 East, NMPM; thence north along section line to the northeast corner of Section 27, Township 9 North, Range 24 East, NMPM; thence west along section line to the southeast corner of Section 21, Township 9 North, Range 24 East, NMPM; thence north along section line to the southeast corner of Section 4, Township 9 North, Range 24 East, NMPM; thence east along section line to the southeast corner of Section 3, Township 9 North, Range 24 East, NMPM; thence north along section line to the southeast corner of Section 34, Township 10 North, Range 24 East, NMPM; thence east along Township line to the southeast corner of Section 35, Township 10 North, Range 24 East, NMPM; thence north along section line to the southeast corner of Section 23, Township 10 North, Range 24 East, NMPM; thence east along section line to the southeast corner of Section 24, Township 10 North, Range 24 East, NMPM; thence north along range line to the southeast corner of Section 12, Township 10 North, Range 24 East, NMPM; thence east along section line to the southeast corner of Section 8, Township 10 North, Range 25 East, NMPM; thence north along section line to the southeast corner of Section 5, Township 10 North, Range 25 East, NMPM; thence east along section line to the southeast corner of Section 4, Township 10 North, Range 25 East, NMPM; thence north along section line to the southeast corner of Section 33, Township 11 North, Range 25 East, NMPM; thence east along township line to the southeast corner of Section 34, Township 11 North, range 25 East, NMPM; thence north along section line to the southeast corner of Section 27, Township 11 North, Range 25 East, NMPM; thence east along section line to the southeast corner of Section 26, Township 11 North, Range 25 East, NMPM; thence north along section line to the southeast corner of Section 23, Township 11 North, Range 25 East, NMPM; thence east along section line to the southeast corner of Section 19, Township 11 North, Range 26 East, NMPM; thence north along section line to the southeast corner of Section 18, Township 11 North, range 26 East, NMPM; thence east along section line to the southeast corner of Section 17, Township 11 North, Range 26 East, NMPM; thence north along section line to the northeast corner of Section 29, Township 12 North, Range 26 East, NMPM; thence west along section line to the intersection of the north boundary of said Section 29 with Longitude 104E 12' 30"; thence north along said longitude to the intersection with latitude 35E 21' 30"; thence east along said latitude to the intersection with longitude 104E 10' 30"; thence north along said longitude to the intersection with latitude 35E 28' 45"; thence east along said latitude to the intersection with longitude 104E 09' 45"; thence north along said longitude to the intersection with the north boundary of Section 10, Township 17 North, Range 26 East, NMPM; thence west along section line to the northeast corner of Section 8, Township 17 North, Range 26 East, NMPM; thence north along section line to the northeast corner of Section 32, Township 18 North, Range 26 East, NMPM; thence west along section line to the northwest corner of Section 31, Township 18 North, Range 26 East, NMPM, being a point on the existing boundary of the Canadian River Underground Water Basin; thence north along range line and the existing east boundary of the Canadian River Basin to the southeast corner of Section 13, Township 27 North, Range 25 East, NMPM; thence east along section line to the southeast corner of Section 16, Township 27 North, Range 26 East, NMPM; thence east along section line to the southeast corner of Section 14, Township 27 North, Range 26 East, NMPM; thence north along section line to the northeast corner of said Section 14; thence east to the northeast corner of Section 16, Township 27 North, Range 27 East; NMPM; thence south to the southeast corner of said Section 16; thence east to the southeast corner of Section 14, Township 27 North, Range 27 East, NMPM; thence south to the southeast corner of Section 23, Township 27 North, Range 27 East, NMPM; thence east to the northeast corner of Section 28, Township 27 North, Range 28 East, NMPM; thence south along section line West of Lonesome Mountain to the southeast corner of said Section 28; thence east to the northeast corner of Section 36, Township 27 North, Range 28 East, NMPM; thence south to the southeast corner of said Section 36; thence east to the northeast corner of Section 6, Township 26 North, Range 29 East, NMPM; thence south to the southeast corner of Section 7, Township 26 North, Range 29 East, NMPM; thence west to the southwest corner of said Section 7; thence south along Township line to the southwest corner of Section 18, Township 25 North, Range 29 East, NMPM; thence east to the northwest corner of Section 21, Township 25 North, Range 29 East, NMPM; thence south through the Don Carlos Hills to the southwest corner of said Section 21; thence east to the northwest corner of Section 26, Township 25 North, Range 29 East, NMPM; thence south to the southwest corner of said Section 26; thence east to the southeast corner of said Section 26; thence south to the southwest corner of Section 36, Township 25 North, Range 29 East, NMPM; thence west along township line to the northeast corner of Section 1, Township 24 North, Range 29 East, NMPM; thence south to the northwest corner of Section 13, Township 24 North, Range 29 East, NMPM; thence east to the northeast corner of said Section 13; thence south along range line to the northwest corner of Section 31, Township 24 North, Range 30 East, NMPM; thence east to the northeast corner of said Section 31; thence south to the southeast corner of said Section 31; thence east to the northeast corner of Section 5, Township 23 North, Range 30 East, NMPM; thence south to the northwest corner of Section 4, Township 22 North, Range 30 East, NMPM; thence east to the northeast corner of said Section 4; thence south to the northwest corner of Section 15, Township 22 North, Range 30 East, NMPM; thence east to the northwest corner of Section 13, Township 22 North, Range 30 East, NMPM; thence south to the southwest corner of said Section 13; thence east to the southeast corner of said Section 13; thence in a southeasterly direction diagonally across Sections 19, 29 and 33, Township 22 North, Range 31 East, NMPM, to the Union and Harding County line, being the line between Townships 21 North and 22 North, NMPM; at the northwest corner of Section 3, Township 21 North, Range 31 East, NMPM; thence east along said county line to the northeast corner of Section 2, Township 21 North, Range 31 East, NMPM; thence south to the southeast corner of said Section 2; thence east to the northwest corner of Section 12, Township 21 North, Range 32 East, NMPM; thence south to the northwest corner of Section 24, Township 21 North, Range 32 East, NMPM; thence east to the northeast corner of said Section 24; thence south to the northwest corner of Section 31, Township 21 North, Range 33 East, NMPM; thence east to the northeast corner of said Section 31; thence south to the southeast corner of said Section 31; thence east along Township line to the northwest corner of Section 4, Township 20 North, Range 33 East, NMPM; thence in a southeasterly direction diagonally across Sections 4, 10, 14 and 24, Township 20 North, Range 33 East, NMPM, to the northwest corner of Section 30, Township 20 North, Range 34 East, NMPM; thence south along Harding and Union County line, being the line between Ranges 33 East and 34 East, to the northwest corner of Section 18, Township 19 North, Range 34 East, NMPM; thence east to the northeast corner of said Section 18; thence south to the northeast corner of Section 18, Township 18 North, Range 34 East, NMPM; thence west to the northwest corner of said Section 18; thence south along Harding and Union County line and Harding and Quay County line to the southwest corner of Section 6, Township 17 North, Range 34 East, NMPM; thence east to the northwest corner of Section 10, Township 17 North, Range 34 East, NMPM; thence in a southeasterly direction diagonally across Sections 10 and 14, Township 17 North, Range 34 East, NMPM, to the northwest corner of Section 24, Township 17 North, Range 34 East, NMPM; thence east to the northeast corner of Section 19, Township 17 North, Range 35 East, NMPM; thence south to the southeast corner of said Section 19; thence east to the northwest corner of Section 26, Township 17 North, Range 35 East, NMPM; thence south to the southwest corner of said Section 26; thence east to the southeast corner of said Section 26 near Kerlin Hill; thence south to the southwest corner of Section 36, Township 17 North, Range 35 East, NMPM; thence east along township line to the northwest corner of Section 6, Township 16 North, Range 36 East, NMPM; thence south to the northwest corner of Section 7, Township 16 North, Range 36 East, NMPM; thence east to the northeast corner of said Section 7; thence south to the northwest corner of Section 29, Township 16 North, Range 36 East, NMPM; thence east to the northeast corner of said Section 29; thence south to the northwest corner of Section 4, Township 15 North, Range 36 East, NMPM; thence east to the northeast corner of said Section 4; thence south to the northwest corner of Section 15, Township 15 North, Range 36 East, NMPM; thence in a southeasterly direction diagonally across Sections 15 and 23 in Township 15 North, Range 36 East, NMPM, to the northwest corner of Section 25, Township 15 North, Range 36 East, NMPM; thence south to the northwest corner of Section 1, Township 14 North, Range 36 East, NMPM; thence in a southeasterly direction diagonally across Section 1, Township 14 North, Range 36 East, and Section 7, Township 14 North, Range 37 East, straight through the northwest corner of Section 17, Township 14 North, Range 37 East, to a point on the New Mexico and Texas state line, being the point of beginning.

[3/11/98; 11/14/98; Recompiled 12/31/01]

19.27.56.9 WITNESS my hand and official seal this ___ day of __________, A.D., 1998.

___________________

Thomas C. Turney

State Engineer

Reviewed and Approved

___________________

Ann Finley Wright

Special Assistant

Attorney General

[3/11/98; 11/14/98; Recompiled 12/31/01]

HISTORY OF 19.27.56 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, (Rule No. 2), 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.

Special Order No. 132, In the Matter of State Engineer Special Order No. 132, Declaring the Tucumcari Underground Water Basin in Quay and San Miguel Counties, 7/7/82.

Special Order No. 132-A, In the Matter of State Engineer Special Order No. 132, Declaring the Tucumcari Underground Water Basin in Quay and San Miguel Counties, 9/27/82.

History of Repealed Material: [RESERVED]