The water of underground streams, channels, artesian basins, reservoirs or lakes, having reasonably ascertainable boundaries, is declared to belong to the public and is subject to appropriation for beneficial use. By reason of the varying amounts and time such water is used and the relatively small amounts of water consumed in the watering of livestock; […]
A person, firm or corporation desiring to use public underground waters described in this section for irrigation of not to exceed one acre of noncommercial trees, lawn or garden or for household or other domestic use shall make application to the state engineer for a well on a form to be prescribed by the state […]
A person, firm or corporation desiring to use public underground waters for watering livestock shall make an application to the state engineer on a form prescribed by the state engineer for a livestock well permit. Upon filing of the application, the state engineer shall issue a livestock well permit for the use of water for […]
If a person, firm, corporation or the state desires to use underground public water in an amount not to exceed three acre-feet for a definite period of not to exceed one year in prospecting, mining or construction of public works, highways and roads or drilling operations designed to discover or develop the natural mineral resources […]
The decision of the state engineer shall be final in all cases unless appeal be taken to the district court within thirty days after his decision as provided by Section 72-7-1 NMSA 1978. History: Laws 1931, ch. 131, § 10; 1941 Comp., § 77-1110; 1953 Comp., § 75-11-10. ANNOTATIONS Cross references. — For appeal de […]
That any person using or appropriating water without a permit, contrary to the provisions of Section 1 of Chapter 70, of the New Mexico Session Laws of 1943, designated as Section 72-12-3 NMSA 1978; or who changes the location of his well or use of the water except as provided and permitted by Section 72-12-7 […]
It shall be unlawful for any person, firm or corporation to drill or to begin the drilling of a well for water from an underground stream, channel, artesian basin, reservoir or lake (hereinafter referred to as “underground source”) the boundaries of which have been determined and proclaimed by the state engineer of New Mexico to […]
Any person desiring to engage in the drilling of one or more wells for underground water within the boundaries of any underground source, as hereinabove defined, shall file an application with the state engineer for a driller’s license, setting out his qualifications therefor, the equipment proposed to be used in the drilling of the wells […]
Any license issued under the provisions of this act [72-12-12 to 72-12-17 NMSA 1978] may be suspended or revoked by the state engineer upon notice and hearing, in the event that the license shall have violated any condition of the bond maintained by him as a prerequisite for such license. Appeals from the decision of […]
No person owning or controlling lands shall permit the drilling of a well thereon for water from an underground source, as herein defined, by any person other than a driller licensed under the provisions of this act [72-12-12 to 72-12-17 NMSA 1978]. No person shall produce water from an underground source through any well drilled […]
Any person violating any provision of this act [72-12-12 to 72-12-17 NMSA 1978] or of the rules and regulations of the state engineer promulgated in pursuance hereof, shall be guilty of a misdemeanor, and upon conviction, shall be fined in a sum of not less than $25.00 nor more than $250.00 for each offense. Each […]
Chapter 149 of the 1947 New Mexico Session Laws, and all other acts and parts of acts in conflict herewith are hereby repealed; provided, however, that nothing, in this act [72-12-12 to 72-12-17 NMSA 1978] contained, shall be construed as changing or affecting, or intending to change or affect the right of the state engineer […]
For the purposes of Sections 72-12-18 through 72-12-21 NMSA 1978, all underground waters of the state of New Mexico are hereby declared to be public waters and to belong to the public of the state of New Mexico and to be subject to appropriation for beneficial use. All existing rights to the beneficial use of […]
ANNOTATIONS Repeals. — Laws 1983, ch. 2, § 7, repeals 72-12-19 NMSA 1978, relating to the removal of underground waters from the state, effective February 22, 1983. For present provisions, see 72-12B-1 and 72-12B-2 NMSA 1978.
Beneficial use is the basis, the measure and the limit to the right to the use of the waters described in this act [72-12-1 to 72-12-10 NMSA 1978]. History: Laws 1931, ch. 131, § 2; 1941 Comp., § 77-1102; 1953 Comp., § 75-11-2. ANNOTATIONS Compiler’s notes. — For cases dealing with water rights and use […]
No permit and license to appropriate underground waters for in-state use shall be required except in basins declared by the state engineer to have reasonably ascertainable boundaries. History: 1941 Comp., § 75-1121, enacted by Laws 1953, ch. 64, § 3; 1953 Comp., § 75-11-21; 1983, ch. 2, § 5. ANNOTATIONS Cross references. — For appropriation […]
ANNOTATIONS Repeals. — Laws 1983, ch. 2, § 7, repeals 72-12-21 NMSA 1978, relating to the enforcement of 72-12-18 to 72-12-21 NMSA 1978, effective February 22, 1983. For present provisions, see 72-12B-1 and 72-12B-2 NMSA 1978.
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: (1) the well is drilled into the same and only the same […]
A. The owner of a water right may drill and use a replacement well drilled over one hundred feet from his original well upon making application but without waiting for the completion of the publication and hearing set out in Section 72-12-3 NMSA 1978 if: (1) the well is drilled into the same and only […]
A. The owner of a water right may drill and use a supplemental well upon making application but prior to the publication and hearing set out in Section 72-12-3 NMSA 1978, if: (1) the supplemental well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the […]
