2018 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Chapter 149 of the 1947 New Mexico Session Laws, and all other acts and parts of acts in conflict herewith are hereby repealed; provided, however, that nothing, in this act [72-12-12 through 72-12-17 NMSA 1978] contained, shall be construed as changing or affecting, or intending to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.
Cross 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.
