reglab/housing_qa huggingface dataset:
NM Stat § 72-12-1.3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-1.3 - Underground public waters; temporary uses.

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 of the state, only the application referred to in Section 72-12-3 NMSA 1978 shall be required. Separate application shall be made for each proposed use, whether in the same or in different basins. Upon the filing of an application, the state engineer shall make an examination of the facts and, if the proposed use will not permanently impair any existing rights of others, the state engineer shall grant the application. If the state engineer finds that the proposed use sought will permanently impair such rights, there shall be advertisement and hearing as provided in the case of applications made under Section 72-12-3 NMSA 1978. History: 1978 Comp., § 72-12-1.3, enacted by Laws 2003, ch. 298, § 4. ANNOTATIONSEffective dates. — Laws 2003, ch. 298 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
NM Stat § 72-12-3.1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-3.1 - Certain ground water; finding; grant of permits; stay; exceptions.

A. The state of New Mexico recognizes that with respect to ground water hydrologically related to the Rio Grande at or below Elephant Butte dam there is a deficiency of hydrologic information, the amount sought to be appropriated in pending applications far exceeds available supplies and the allocation of surface water between the states of New Mexico and Texas needs further clarification. B. In the interest of ensuring competent administration of the ground water hydrologically related to the Rio Grande at or below Elephant Butte dam, a stay is declared on the granting of permits with respect to all pending and future applications to appropriate unappropriated ground water from aquifers hydrologically related to the Rio Grande at or below Elephant Butte dam. The stay shall be for a period of two years commencing on the effective date of this act. C. Nothing in this section shall preclude the granting of permits: (1) to appropriate unappropriated ground water for public health emergencies; (2) to appropriate unappropriated ground water for domestic, stock water and other uses pursuant to Section 72-12-1 NMSA 1978; or (3) to replace or change the location of existing wells. History: Laws 1984, ch. 113, § 1. ANNOTATIONSStay in grant of ground water appropriation held unconstitutional. — Two-year stay in the granting of new appropriations of ground water hydrologically related to the Rio Grande at or below Elephant Butte, i.e., the Hueco and Mesilla Basins, has an illegitimate protectionist purpose and is facially unconstitutional as impermissibly burdening interstate commerce. City of El Paso ex rel. Pub. Serv. Bd. v. Reynolds, 597 F. Supp. 694 (D.N.M. 1984).
NM Stat § 72-12-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-4 - [Existing water rights recognized.]

Existing water rights based upon application to beneficial use are hereby recognized. Nothing herein contained is intended to impair the same or to disturb the priorities thereof. History: Laws 1931, ch. 131, § 4; 1941 Comp., § 77-1104; 1953 Comp., § 75-11-4. ANNOTATIONS"Based upon". — Term "based upon" includes entire procedure necessary to accomplish beneficial use of water, initiation of right to final act of irrigating land. State ex rel. Reynolds v. Mendenhall, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998. "Beneficial use" is measure and limit to right to use of waters covered by this act. State ex rel. Reynolds v. Mendenhall, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998. Section protects rights which were initiated before enactment thereof. City of Albuquerque v. Reynolds, 1962-NMSC-173, 71 N.M. 428, 379 P.2d 73. Rights recognized. — Section is not limited to recognition of rights to water which had previously been put to beneficial use; it also recognizes rights "based upon application to beneficial use." State ex rel. Reynolds v. Mendenhall, 1962-NMSC-173, 68 N.M. 467, 362 P.2d 998. Sections compared. — Substance and intent of this section and Section 72-9-1 NMSA 1978 is the same. State ex rel. Reynolds v. Mendenhall, 1962-NMSC-173, 68 N.M. 467, 362 P.2d 998. Only unappropriated waters subject to appropriation. — State engineer can only grant permits to appropriate waters which are not already appropriated. Templeton v. Pecos Valley Artesian Conservancy Dist., 1958-NMSC-131, 65 N.M. 59, 332 P.2d 465. Test for establishing water rights under this section requires the developer to: (1) legally commence drilling a well prior to declaration of the basin; (2) proceed diligently to develop the water pursuant to a plan; and (3) apply the water to beneficial use. State ex rel. Reynolds v. Rio Rancho Estates, Inc., 1981-NMSC-017, 95 N.M. 560, 624 P.2d 502. Priority of right. — Landowner who lawfully began developing underground water right and completed it with reasonable diligence acquired water right with priority date as initiation of his work even though lands involved were placed within declared artesian basin before work was finished and water put to beneficial use. State ex rel. Reynolds v. Mendenhall, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 261. 93 C.J.S. Waters §§ 183, 184.
NM Stat § 72-12-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-6 - [Former declarations valid.]

Declarations heretofore filed in substantial compliance with Section 5 [72-12-5 NMSA 1978] hereof shall be recognized as of the same force and effect as if filed after the taking effect of this act [72-12-1 to 72-12-10 NMSA 1978]. History: Laws 1931, ch. 131, § 6; 1941 Comp., § 77-1106; 1953 Comp., § 75-11-6.
NM Stat § 72-12-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-9 - Fees and costs.

The state engineer shall, by regulations, establish the fees to be paid by applicants and declarants, which fees shall not exceed the reasonable cost of the service to be performed by the state engineer, and the applicant shall pay to the publisher the cost of the necessary advertising. History: Laws 1931, ch. 131, § 9; 1933, ch. 122, § 1; 1941 Comp., § 77-1109; 1953 Comp., § 75-11-9; Laws 1965, ch. 124, § 4; 1967, ch. 308, § 4. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. "Reasonable cost". — Reasonable cost of services to be performed by state engineer involves cost of printing forms, cost of preparing rules and regulations, stenographic work necessary for processing of applications and other instruments, engineering investigations necessary for processing of various applications and instruments and cost of administering rules and regulations formulated for purpose of carrying out provisions of underground water law. 1955 Op. Att'y Gen. No. 55-6090. Expenditure of fees. — Fees for service rendered under this law cannot be used to pay costs of its administration, such as inspections, records and materials. 1931 Op. Att'y Gen. No. 31-236. Reversion. — Creation by this section as it read prior to 1967 amendment of special fund plus requirement that fees be deposited therein and be employed for specific purpose, without limitation in point of time, would be negated by reversion into general fund. 1958 Op. Att'y Gen. No. 58-134. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 297.
NM Stat § 72-12-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-11 - [Violations declared misdemeanors; penalty.]

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 NMSA 1978; or who appropriates to his own use without a permit from the state engineer forfeited water or water rights under the provisions of Section 72-12-8 NMSA 1978, shall be guilty of a misdemeanor and, on conviction thereof in any court of competent jurisdiction, shall be punished by a fine in a sum of not less than twenty-five dollars ($25.00) nor more than two hundred and fifty dollars ($250.00), for each offense; and each day of continued violation shall constitute a separate offense. History: 1941 Comp., § 77-1112, enacted by Laws 1943, ch. 70, § 2; 1947, ch. 21, § 1; 1953 Comp., § 75-11-12. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. After-the-fact approval by state engineer does not nullify provisions of this section. In re Brown, 1958-NMSC-113, 65 N.M. 74, 332 P.2d 475. When appropriator changes his well location prior to application, publication and hearing, he is guilty of a misdemeanor and liable to prosecution hereunder, regardless of whether such change in location is subsequently approved by state engineer. In re Brown, 1958-NMSC-113, 65 N.M. 74, 332 P.2d 475. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 313.
NM Stat § 72-12-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-12 - License required to drill water well from "underground source.".

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. ANNOTATIONSCross 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.
NM Stat § 72-12-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-13 - Application; information required; fee; surety bond for drilling operation.

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 and other information as may be required by the state engineer. A reasonable fee, not to exceed twenty-five dollars ($25.00) shall be imposed by the state engineer. All fees collected under the provisions of this section shall be deposited with the state treasurer, and placed in the general fund. A license shall be issued by the state engineer to any applicant who, in the opinion of the state engineer, having due regard for the interest of the state in the protection of its public waters, is qualified to conduct such drilling operations, but not otherwise. The state engineer shall require a bond in form and with adequate surety to be approved by him in the penal sum of five thousand dollars ($5,000) conditioned that the applicant will comply with the laws of New Mexico in the drilling of all wells to such underground sources, will comply with the rules and regulations of the state engineer and any requirements that may be made by him in connection with the drilling of any individual well for water from such sources. History: 1941 Comp., § 77-1117, enacted by Laws 1949, ch. 178, § 2; 1953 Comp., § 75-11-14; Laws 1965, ch. 124, § 5. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Law reviews. — For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979).
NM Stat § 72-12-14 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-14 - [Suspension or revocation of license; appeal; damage suits.]

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 the state engineer may be taken to the district courts of the state in the same manner and with like effect as now provided for other appeals from action of the state engineer. In the event of such breach, the state engineer, on behalf of the state of New Mexico, and any other person injured thereby, is authorized to recover in a civil suit in the district court of the county where the well involved is located, judgment for such damages as may have been sustained by reason thereof. In addition, the state engineer is authorized to recover on behalf of the state of New Mexico a civil penalty in an amount to be determined by the district court in which the action is tried not to exceed $1,000 and judgment for both damages and penalty shall be against the principal and sureties upon said bond. History: 1941 Comp., § 77-1118, enacted by Laws 1949, ch. 178, § 3; 1953 Comp., § 75-11-15. ANNOTATIONSCross references. — For appeal de novo from decision, act or refusal to act of state executive officer or body in matters relating to water rights, see N.M. Const., art. XVI, § 5. For the state engineer, see 72-2-1 NMSA 1978. Interstate usage of water can be controlled to same extent as intrastate usage. City of El Paso ex rel. Pub. Serv. Bd. v. Reynolds, 563 F. Supp. 379 (D.N.M. 1983). Law reviews. — For comment on Kelley v. Carlsbad Irrigation Dist., 71 N.M. 464, 379 P.2d 763 (1963), see 3 Nat. Resources J. 340 (1963). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 247.
NM Stat § 72-12-15 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-15 - [Unauthorized drilling; illegal application of water; injunction or other relief.]

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 in violation of this act. No person shall apply water from such underground source to land having no valid water right for the purpose to which applied. The state engineer may apply for and obtain an injunction, in the district court of the county in which any well or land affected is situated, against any person, firm or corporation who shall drill or begin the drilling of a well in violation of the provisions of this act, or who shall cause, allow or permit the drilling of a well by a person other than a licensed driller upon land owned or controlled by him, or who shall produce water from any well drilled in violation of this act, or who shall apply water from an underground source, as hereinabove defined, to lands having no valid water right for the purpose to which applied. This provision shall in no wise be construed to affect the existing right of a court of equity in the exercise of its general equity powers to grant relief to the state of New Mexico by injunction or otherwise. History: 1941 Comp., § 77-1119, enacted by Laws 1949, ch. 178, § 4; 1953 Comp., § 75-11-16. ANNOTATIONSCross references. — For injunctions, see Rules 1-065 and 1-066 NMRA. 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; Thompson Drilling, Inc. v. Romig, 1987-NMSC-039, 105 N.M. 701, 736 P.2d 979. State authorized to sue. — Public waters of this state are owned by state as trustee for the people, and it is authorized to institute suits to protect public waters against unlawful use, or to bring any other action required by its pecuniary interests or for general public welfare. State ex rel. Reynolds v. Mears, 1974-NMSC-070, 86 N.M. 510, 525 P.2d 870. Authority to seek injunction. — Fact that wells drilled prior to effective date of such act exempt from provisions thereof, does not withdraw or destroy authority conferred upon state engineer to seek injunctive relief to protect or conserve public waters of state; such authority exists independently of any statute. State ex rel. Reynolds v. Mears, 1974-NMSC-070, 86 N.M. 510, 525 P.2d 870.
NM Stat § 72-12-16 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-16 - [Violation of act or rules and regulations; penalty.]

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 and every day that any such violation shall continue, shall be construed a separate offense for the purpose of this section. History: 1941 Comp., § 77-1120, enacted by Laws 1949, ch. 178, § 5; 1953 Comp., § 75-11-17. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. No authority to issue emergency permits. — Authority to issue emergency permits for changes in well locations does not exist under general rule-making power delegated to state engineer in former 75-11-11, 1953 Comp., and this section. In re Brown, 1958-NMSC-113, 65 N.M. 74, 332 P.2d 475. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 313.
NM Stat § 72-12-17 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-17 - [Repealing and saving clause; bond; maximum.]

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. ANNOTATIONSCross 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.
NM Stat § 72-12-18 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-18 - Underground waters declared to be public.

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 such waters are hereby recognized. History: 1941 Comp., § 77-1122, enacted by Laws 1953, ch. 64, § 1; 1953 Comp., § 75-11-19; 1983, ch. 2, § 4. ANNOTATIONSCompiler's notes. — Sections 72-12-19 and 72-12-21, referred to in this section, were repealed by Laws 1983, ch. 2, § 7. For present provisions, see 72-12B-1 and 72-12B-2 NMSA 1978. Cross references. — For substantially similar provision, see 72-12-1 NMSA 1978. Underground waters public. — Laws 1953, ch. 64, declares all underground waters to be public waters subject to appropriation for beneficial use. State ex rel. Reynolds v. Mendenhall, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998. Law reviews. — For student symposium, "Constitutional Revision - Water Rights," see 9 Nat. Resources J. 471 (1969). For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979). For comment, "Protection of the Means of Groundwater Diversion," see 20 Nat. Resources J. 625 (1980). For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 148. 93 C.J.S. Waters § 169.
NM Stat § 72-12-19 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-19 - Repealed.

ANNOTATIONSRepeals. — 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.