NM Supreme Court Upholds Domestic Well Statute


The New Mexico Supreme Court held that the domestic well statute, which requires the State Engineer to issue a domestic well permit upon application without any further analysis, is constitutional and does not violate prior appropriation or the due process clause.

Disclaimer: Tiffany Dowell, along with Jesse J. Richardson, Jr., served as counsel for 17 clients in this case and filed an amicus curiae brief in the New Mexico Supreme Court in support of the position of the New Mexico State Engineer.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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