Chapter 149 of the 1947 New Mexico Session Laws, and all other acts and parts of acts in conflict herewith are hereby repealed; provided, however, that nothing, in this act [72-12-12 to 72-12-17 NMSA 1978] contained, shall be construed as changing or affecting, or intending to change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 to require full compliance with the provisions of Section 72-13-4 NMSA 1978; and provided further, that in all cases where the application is for the purpose of drilling an artesian well, or to drill a well upon land where an artesian well is situated, the state engineer may elect to require the owner of the land or the driller of such well, as the case may be, to either comply with the provisions of this act, or the provisions of Section 72-13-4 NMSA 1978, as the best interest of the state of New Mexico may require, but in no event shall such owner of the land or the driller of such well, as the case may be, be required to give more than one $5,000 bond.
History: 1941 Comp., § 77-1121, enacted by Laws 1949, ch. 178, § 6; 1953 Comp., § 75-11-18.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
Severability. — Laws 1949, ch. 178, § 7, provided for the severability of the act if any part or application thereof is held invalid.
Temporary provisions. — Laws 1949, ch. 178, § 8, provided that the provisions of the act shall not apply to wells commenced or drilled prior to the effective date thereof, and shall not affect jurisdiction, rights or liabilities, civil or criminal, in pending cases.
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.