NM HB54

Replacement wells drilled within 100 feet of the original well are exempt from third-party protests under the amended Section 72-12-22 NMSA 1978

Water right owners may drill replacement wells prior to state engineer application if an emergency exists where delays would cause crop loss or serious economic loss, the well taps the same underground source, and appropriates the same water amount

Owners must notify the state engineer by registered letter before drilling and file a formal permit application within 30 days after drilling begins

Applicants aggrieved by state engineer decisions may file an aggrieval and request for hearing under Section 72-7-1 NMSA 1978

Other water rights owners claiming injury from replacement wells cannot seek injunctions but are limited to lawsuits for damages