For the purposes of this act [72-13-1 to 72-13-12 NMSA 1978], waste is defined as causing, suffering or permitting any artesian water to reach any pervious stratum above the artesian strata before coming to the surface of the earth, or causing, suffering or permitting any artesian well to discharge unnecessarily upon the surface of the ground, unless said waters are to be placed to a beneficial use under the constant supervision of the person using such water, or his employee, and through a constructed irrigation system: provided, however, that nothing herein contained shall be construed to prevent the use of such waters for ornamental ponds or fountains.
History: Laws 1935, ch. 43, § 6; 1937, ch. 122, § 1; 1941 Comp., § 77-1206; 1953 Comp., § 75-12-6.
Purpose. — Legislature, in passing this section and Section 72-13-12 NMSA 1978, was not attempting to prevent use of water, but to prevent waste of water. State ex rel. Erickson v. McLean, 1957-NMSC-012, 62 N.M. 264, 308 P.2d 983.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 161.
Waste, statutory regulations to prevent, 55 A.L.R. 1483, 109 A.L.R. 395, 109 A.L.R. 412.
93 C.J.S. Waters § 95.
Structure New Mexico Statutes
Section 72-13-1 - Definition of artesian well.
Section 72-13-2 - Supervision of artesian waters.
Section 72-13-3 - Artesian well supervisor.
Section 72-13-4 - Rules and regulations.
Section 72-13-5 - Drilling record.
Section 72-13-6 - Definition of waste.
Section 72-13-7 - Abandoned wells wasting water declared to be a public nuisance.
Section 72-13-8 - Waste of water on surface.
Section 72-13-9 - Conducting water so as to prevent waste.
Section 72-13-10 - Reservoirs.