Bounds v. New Mexico

Amicus Curiae Brief of Water Systems Council Amici in Support of the State of New Mexico and the State Engineer John D'Antonio


This amicus brief, filed by Tiffany Dowell and Jesse J. Richardson, Jr., was filed on behalf of 17 nationwide clients in support of the constitutionality of New Mexico's domestic well statute. This brief discusses the prior appropriation doctrine, the standard required to succeed on a facial challenge, due process, and outlines policy considerations served by the domestic well statute. The New Mexico Supreme Court ruled in this case in July 2013, finding that the statute was constitutional as it does not violate the prior appropriation doctrine or the due process clause.

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