NM Land Commissioner Sues NM State Engineer Over Water Permits

The Land Commissioner is charged with jurisdiction over state trust lands to generate support for public schools and other state institutions.  In the Complaint, filed in the First Judicial District Court, the Commissioner asserts that he has “an interest in the appropriation of water on and off of state trust lands because the use of water in connection with activities on state trust lands often is essential to the lands’ highest and best use.”  The State Engineer is vested with authority to manage the state’s water resources, including issuing permits for groundwater wells. The Commissioner is concerned with the State Engineer’s issuance of groundwater pumping permits.  Specifically, the concern revolves around permits issued pursuant to NMSA Section 72-12-1.3.  Section 72-12-1.3 provides that if a person seeks to use groundwater in an amount of less than three acre-feet for a period of time less than one year for prospecting, mining, or construction of public works, highways, and roads or drilling operations designed to discover or develop the natural mineral resources in the state, a temporary permit may be issued by the State Engineer.  A separate application must be filed for each proposed use.   If the request will not permanently impair any existing water rights of others, the permit must be granted.  If it will permanently impair such rights,  a hearing must be held.