A person, firm or corporation desiring to use public underground waters described in this section for irrigation of not to exceed one acre of noncommercial trees, lawn or garden or for household or other domestic use shall make application to the state engineer for a well on a form to be prescribed by the state engineer. Upon the filing of each application describing the use applied for, the state engineer shall issue a permit to the applicant to use the underground waters applied for; provided that permits for domestic water use within municipalities shall be conditioned to require the permittee to comply with all applicable municipal ordinances enacted pursuant to Chapter 3, Article 53 NMSA 1978.
§ 72-12-1.1 NMSA 1978
Underground waters; domestic use; permit
Applied in 1 court decision — leading case 171 F. Supp. 3d 1171 - New Mexico ex rel. State Engineer v. Aamodt (2016)
Most recently applied in 171 F. Supp. 3d 1171 - New Mexico ex rel. State Engineer v. Aamodt (March 2016)
1978 Comp., § 72-12-1.1, enacted by Laws 2003, ch. 298, § 2.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.