2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 1 - Artesian Conservancy Districts
Section 73-1-2 - [Lands included in district; two or more artesian basins in one district.]
Any artesian conservancy district organized pursuant to the provisions of this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978] shall include all lands overlying any such artesian basin and any land outside of the boundaries thereof upon which waters from such basin are being used, either for private, public, commercial, domestic or irrigation purposes, or otherwise.
Two or more such artesian basins or reservoirs may be embraced in the same conservancy district, where the same are so closely related, geographically or otherwise, that the waters therein can more surely and effectively be conserved by the unified control of one district, and where the improvements contemplated will tend to conserve the waters in each basin so included.
History: Laws 1931, ch. 97, § 2; 1941 Comp., § 77-1302; 1953 Comp., § 75-13-2.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Land within territorial boundaries of district. — If a well in fact taps waters of an artesian basin, then the land upon which it is drilled is of a kind expressly ordered to be included within the territorial boundaries of the district. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.
District may seek injunction against well tapping waters of basin. — Though an artesian conservancy district has a legal remedy provided expressly by statute for opposing an application for appropriation of waters made to the state engineer where appropriation is within the district (73-1-26 NMSA 1978), it is not precluded from seeking injunctive relief against use of water from a well that is drilled without such permit outside the territorial boundaries of the district and that taps waters of the artesian basin that underlies the district. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.
Benefited land outside defined boundaries of basin. — Even though a well is lawfully drilled without permit outside an artesian conservancy district, the district could maintain suit to enjoin use of water from such well that is located on land outside the territorially defined boundaries of the basin as well as outside the district boundaries. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.
