New Mexico Statutes
Article 1 - Artesian Conservancy Districts
Section 73-1-20 - [Program of water conservation; prevention of leaking wells.]

After the formation of any artesian conservancy district, it shall be the duty of the board of directors from year to year to outline a plan or program of water conservation and administration, and they shall make an estimate of the cost of administration, equipment and improvements necessary to carry out such program from year to year, when the cost thereof is to be paid by tax levies. In carrying out any such plan or program the board of directors shall have authority to cooperate with the state engineer and the United States geological survey, where such cooperation is offered.
The program to be carried out and the improvements to be made and the equipment to be purchased shall be designed to accomplish the objects and purposes for which the district was created, and may include the plugging of all wells within the district found by tests to be materially leaking or wasting any waters included in the district. The directors may proceed to carry out the improvements so outlined in such manner as may be deemed for the best interest of all concerned, and may enter into any contracts or do or perform any act or thing necessary or advisable to carry out to all intents and purposes the objects and purposes for which the district was formed, and shall have the right of ingress and egress at all reasonable times to all wells within the district for the purpose of making leakage tests, and otherwise determining that such wells are properly equipped and are being used so as to conserve the waters included in the conservancy district.
All wells included in the district found to be leaking or wasting such waters, are hereby declared to be a public nuisance, and the directors of the district and those under their authority shall have the right, power and authority to go upon the lands upon which any such well is located to abate such nuisance by plugging or repairing any such well.
History: Laws 1931, ch. 97, § 18; 1941, ch. 98, § 4; 1941 Comp., § 77-1318; 1953 Comp., § 75-13-18.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For the office of the state engineer, see 72-2-1 NMSA 1978.
Proper for board to act against excessive water user. — Excessive water use by individual landowner would constitute wasteful practice in derogation of best interests of entire conservancy district, presenting a proper subject for action by board of directors of district. 1952 Op. Att'y Gen. No. 52-5487.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 185.

Structure New Mexico Statutes