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 be reasonably ascertainable, without a valid, existing license for the drilling of such wells issued by the state engineer of New Mexico in accordance with the provisions of this act [72-12-12 to 72-12-17 NMSA 1978], and the rules and regulations promulgated by him in pursuance hereof. Such licenses shall not be required for the construction of a driven well; provided, that the casing for such well shall not exceed two and three-eighths inches outside diameter.
History: 1941 Comp., § 77-1116, enacted by Laws 1949, ch. 178, § 1; 1953 Comp., § 75-11-13; Laws 1957, ch. 144, § 1.
Cross references. — For provision making certain indemnity agreements contained in or affecting agreements pertaining to wells, void, see 56-7-2 NMSA 1978.
For the state engineer, see 72-2-1 NMSA 1978.
Section is legitimate exercise of police power of state. State v. Myers, 1958-NMSC-059, 64 N.M. 186, 326 P.2d 1075.
State may in exercise of police power require license of any person drilling a well in any area determined by state engineer to be an underground source, boundaries of which have been determined to be reasonably ascertainable. State v. Myers, 1958-NMSC-059, 64 N.M. 186, 326 P.2d 1075.
Law reviews. — For note, "Recent Developments in the El Paso/New Mexico Interstate Groundwater Controversy - The Constitutionality of New Mexico's New Municipality Water Planning Statute," see 29 Nat. Resources J. 223 (1989).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 149, 150.
Structure New Mexico Statutes
Article 12 - Underground Waters
Section 72-12-1.1 - Underground waters; domestic use; permit.
Section 72-12-1.2 - Underground public waters; livestock well permits.
Section 72-12-1.3 - Underground public waters; temporary uses.
Section 72-12-2 - [Right to use waters.]
Section 72-12-3 - Application for use of underground water; publication of notice; permit.
Section 72-12-3.1 - Certain ground water; finding; grant of permits; stay; exceptions.
Section 72-12-4 - [Existing water rights recognized.]
Section 72-12-5 - [Declaration of beneficial use; verification; recording.]
Section 72-12-6 - [Former declarations valid.]
Section 72-12-7 - Change of location of well; change in use on application; temporary change.
Section 72-12-8 - Water right forfeiture.
Section 72-12-9 - Fees and costs.
Section 72-12-10 - [Appeal to district court.]
Section 72-12-11 - [Violations declared misdemeanors; penalty.]
Section 72-12-12 - License required to drill water well from "underground source.".
Section 72-12-13 - Application; information required; fee; surety bond for drilling operation.
Section 72-12-14 - [Suspension or revocation of license; appeal; damage suits.]
Section 72-12-16 - [Violation of act or rules and regulations; penalty.]
Section 72-12-17 - [Repealing and saving clause; bond; maximum.]
Section 72-12-18 - Underground waters declared to be public.
Section 72-12-20 - When appropriation without permit allowed.
Section 72-12-22 - Replacement well within one hundred feet.
Section 72-12-23 - Replacement well over one hundred feet from original well.
Section 72-12-24 - Supplemental well.
Section 72-12-25 - Declaration of basin; nonpotable deep aquifers.