That any person using or appropriating water without a permit, contrary to the provisions of Section 1 of Chapter 70, of the New Mexico Session Laws of 1943, designated as Section 72-12-3 NMSA 1978; or who changes the location of his well or use of the water except as provided and permitted by Section 72-12-7 NMSA 1978; or who appropriates to his own use without a permit from the state engineer forfeited water or water rights under the provisions of Section 72-12-8 NMSA 1978, shall be guilty of a misdemeanor and, on conviction thereof in any court of competent jurisdiction, shall be punished by a fine in a sum of not less than twenty-five dollars ($25.00) nor more than two hundred and fifty dollars ($250.00), for each offense; and each day of continued violation shall constitute a separate offense.

History: 1941 Comp., § 77-1112, enacted by Laws 1943, ch. 70, § 2; 1947, ch. 21, § 1; 1953 Comp., § 75-11-12.

Cross references. — For the state engineer, see 72-2-1 NMSA 1978.

After-the-fact approval by state engineer does not nullify provisions of this section. In re Brown, 1958-NMSC-113, 65 N.M. 74, 332 P.2d 475.

When appropriator changes his well location prior to application, publication and hearing, he is guilty of a misdemeanor and liable to prosecution hereunder, regardless of whether such change in location is subsequently approved by state engineer. In re Brown, 1958-NMSC-113, 65 N.M. 74, 332 P.2d 475.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 313.