Bounds v. State ex rel. D'Antonio
Annotate this CaseHorace Bounds farmed in the Mimbres basin. Along with the New Mexico Farm and Livestock Bureau, Petitioners brought a facial constitutional challenge against the New Mexico Domestic Well Statute (DWS). Petitioners contended that the DWS violated the New Mexico constitutional doctrine of prior appropriation as well as due process of law. Petitioners' won at the district court level, but not at the Court of Appeals. Agreeing with the substance of the appellate court's opinion, the Supreme Court affirmed, holding the DWS does not violate either the doctrine of prior appropriation set forth in the New Mexico Constitution or the guarantees of due process of law.
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