{"data":{"id":"us-nm/72-12-22","jurisdiction":"us-nm","citation":"72-12-22","heading":"Replacement well within one hundred feet.","body":"A. The owner of a water right may drill and use a replacement well drilled within one hundred feet of the original well, prior to application to the state engineer, and the publication and hearing set out in Section 72-12-3 NMSA 1978, if:\n(1) the well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the original well; and\n(2) the appropriation is of the same amount of water allowed by his water right in the original well; and\n(3) an emergency situation exists in which the delay caused by application, publication and hearing would result in crop loss or other serious economic loss; and\n(4) he files application, or notifies the state engineer office of these facts and the location of the proposed replacement well by registered letter, prior to drilling; provided that he shall file application for a permit within thirty days after drilling begins.\nB. The owners of other water rights who claim to be injured by the drilling of a replacement well under these circumstances, may not enjoin the drilling of such a well or the use of the water from the well, but are limited to an action at law to recover damages, and to their right to protest the granting of a permit.","path":["Chapter 72 - Water Law","ARTICLE 12 Underground Waters"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18575/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"43e4c2b5b084b850e7b8d04dbd3d030c7fcc6637893a4659d72845199aaa0ffe","source_id":"us-nm","stale":false,"prev":"us-nm/72-12-21","next":"us-nm/72-12-23"},"notice":"GroundRules: Original legal text. Not legal advice."}