Free New Mexico Code Exam Practice Questions

Sample Practice Questions

Try these 10 sample questions from the New Mexico Code Exam practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1An emergency threatens serious economic loss, and a replacement well will be within 100 feet of the original, use the same underground source, and draw no more than the existing right. If drilling begins before a permit application, which filing sequence must the owner follow?

   1. A. Apply for a permit before drilling and send registered notice within 30 days.
   2. B. Send registered notice before drilling and apply for a permit within 30 days after drilling begins.
   3. C. Send registered notice within 30 days after drilling and apply for a permit before use.
   4. D. Apply for a permit within 10 days after drilling and send registered notice before use.

   Answer: B

   Explanation: 19.27.1.24(B) requires the owner to notify the state engineer "by registered letter prior to drilling; provided he files application for a permit within thirty (30) days after drilling begins." The stated distance, source, amount, and emergency meet the special pathway; the notice precedes drilling and the application follows within 30 days.

   Reference: 19.27.1 NMAC — Underground Water, General Provisions — 19.27.1.24(B)(4) NMAC

2. 2A proposed well will tap an underground source whose boundaries the state engineer has found reasonably ascertainable. Under New Mexico water law, how is the water in that source classified?

   1. A. Private water owned by the driller
   2. B. Public water subject to beneficial-use appropriation
   3. C. County water reserved for local permits
   4. D. Federal water outside state administration

   Answer: B

   Explanation: 19.27.4.3 NMAC states: "the water of underground streams, channels, artesian basins, reservoirs, or lakes having reasonably ascertainable boundaries are declared to be public waters which belong to the public and are subject to appropriation for beneficial use." The proposed source fits that description, so the water is public and appropriable for beneficial use.

   Reference: 19.27.4 NMAC — 19.27.4.3 NMAC

3. 3A driller finishes drilling a well under a New Mexico 72-12-1.1 domestic well permit. What is the latest deadline after completion for filing the complete well record with the state engineer and permit holder?

   1. A. 10 days after completion
   2. B. 20 days after completion
   3. C. 30 days after completion
   4. D. 60 days after completion

   Answer: B

   Explanation: 19.27.5.13(G) directs the driller to "file a complete well record with the state engineer and the permit holder no later than twenty (20) days after completion of the well drilling." The domestic-well deadline is 20 days; the general 30-day record rule does not extend it.

   Reference: 19.27.5 NMAC — Domestic Wells — 19.27.5.13(G) NMAC

4. 4The state engineer approves an application for a surface-water diversion, but the permittee has not yet placed water to beneficial use. What does the permit itself establish?

   1. A. It authorizes diversion and itself constitutes a completed water right.
   2. B. It authorizes development by beneficial use but is not itself a water right.
   3. C. It authorizes construction and itself confirms the final extent of water use.
   4. D. It authorizes a change of use and itself perfects the underlying water right.

   Answer: B

   Explanation: 19.26.2.7(W) says a permit "allows the permittee to develop a water right through the application of water to beneficial use" and that "A permit in itself does not constitute a water right." Approval authorizes development under conditions; the permit alone has not perfected the right.

   Reference: 19.26.2 NMAC — Surface Water, Administration — 19.26.2.7(W) NMAC

5. 5A proposed New Mexico artificial recharge, underground storage, and recovery project needs its project permit. Which applicant is eligible under the authorized-applicants rule?

   1. A. A private water utility operating in the project area
   2. B. A licensed drilling company building the project wells
   3. C. A county government proposing the recharge project
   4. D. An individual who owns the proposed storage land

   Answer: C

   Explanation: 19.25.8.10 limits applicants: "Only governmental entities defined as Indian nations, tribes, or pueblos, or state political subdivisions, including municipalities, counties, acequias, irrigation districts, or conservancy districts may apply for a permit." A county qualifies; landownership, a drilling license, or private utility operation alone does not.

   Reference: 19.25.8 NMAC — Underground Storage and Recovery — 19.25.8.10 NMAC

6. 6A respondent receives a water-right compliance order and wants to contest it at a hearing. What is the latest deadline after receipt for sending a written hearing request to the state engineer?

   1. A. 10 days after receipt
   2. B. 15 days after receipt
   3. C. 30 days after receipt
   4. D. 60 days after receipt

   Answer: C

   Explanation: 19.25.2.23(D) requires a respondent contesting a compliance order to "submit a written request for hearing to the state engineer within 30 days of receipt of a compliance order." Ten days governs a compliance showing, while the 15-to-60-day range concerns scheduling a requested hearing.

   Reference: 19.25.2 NMAC — Hearing Procedures — 19.25.2.23(D) NMAC

7. 7A water-right owner has an emergency replacement site more than 100 feet from the original well. The new well will use the same underground source and amount. To drill before publication and hearing, which state-engineer action is required first?

   1. A. A preliminary nonimpairment finding and a permit authorizing the replacement well.
   2. B. A preliminary nonimpairment finding and a certificate licensing the replacement well.
   3. C. A preliminary nonimpairment finding and registered notice authorizing the replacement well.
   4. D. A preliminary nonimpairment finding and a filed application for the replacement well.

   Answer: A

   Explanation: For the more-than-100-foot pathway, 19.27.1.24(C) says the state engineer "finds that the change does not impair existing water rights and grants him a permit authorizing the drilling and use of the replacement well prior to publication and hearing." A finding alone or a different document does not supply this authorization.

   Reference: 19.27.1 NMAC — Underground Water, General Provisions — 19.27.1.24(C)(4) NMAC

8. 8A contractor questions whether the New Mexico state engineer may issue rules governing well construction under statutes the engineer administers. What authority does the governing rule identify?

   1. A. Only authority to issue individual well permits
   2. B. Only authority to publish voluntary guidance
   3. C. Authority to adopt regulations and codes implementing and enforcing administered laws
   4. D. Authority limited to county-approved ordinances

   Answer: C

   Explanation: The rule explains that "Section 72-2-8 NMSA gives the state engineer authority to adopt regulations and codes to implement and enforce any provision of any law administered by the state engineer." That authority supports statewide regulatory codes, not merely individual permits or voluntary guidance.

   Reference: 19.27.4 NMAC — 19.27.4.3 NMAC

9. 9A 72-12-1.1 domestic well permit has been issued, but both the well completion and the filing of its well record remain unfinished. At what time from permit issuance does it automatically expire?

   1. A. 20 days from issuance
   2. B. 30 days from issuance
   3. C. One year from issuance
   4. D. Two years from issuance

   Answer: C

   Explanation: 19.27.5.13(F) says the permit will "automatically expire unless the well is completed and the well record is filed with the state engineer within one year of the date of issuance of the permit." Both acts must occur within one year, and the same provision says no time extension will be granted.

   Reference: 19.27.5 NMAC — Domestic Wells — 19.27.5.13(F) NMAC

10. 10A permittee will substantially modify a surface-water diversion structure. The state engineer has not waived engineering supervision. Which rule determines the controlling plan and supervisor?

    1. A. The permit conditions control; a New Mexico registered professional engineer supervises.
    2. B. The permit conditions control; a New Mexico licensed well driller supervises.
    3. C. The owner's field design controls; a New Mexico registered professional engineer supervises.
    4. D. The existing survey controls; a New Mexico registered professional engineer supervises.

    Answer: A

    Explanation: 19.26.2.13(A) requires the works be constructed or modified "in accordance with the permit conditions of approval" and says such work "must be supervised by a professional engineer, registered in the state of New Mexico, unless the state engineer in his discretion expressly waives this requirement." No waiver is present, so both permit compliance and engineer supervision apply.

    Reference: 19.26.2 NMAC — Surface Water, Administration — 19.26.2.13(A) NMAC