Keywords
Exempt wells, water rights, constitutional law
Abstract
National attention has turned to a case currently pending before the New Mexico Supreme Court. Bounds v. State of New Mexico involves a facial constitutional challenge to New Mexico's domestic well statute. The Plaintiff, Horace Bounds, claims that the statute, which requires the State Engineer to issue permits to any applicants for domestic purposes, violates the constitutional provision known as the Prior Appropriation Doctrine. The decision of the Court will likely have impacts across the country and beyond the legal realm. This decision could impact the well drilling industry, economic development, and administrative agencies. Numerous other western states have similar exempt well provisions, and the decision by the New Mexico Supreme Court could well lead to litigation or pushes for changes in legislation on other states as well.
Digital Object Identifier (DOI)
https://doi.org/10.1111/j.1936-704x.2012.03109.x
