It shall be unlawful for any person, firm or corporation to drill or to begin the drilling of a well for water from an underground stream, channel, artesian basin, reservoir or lake (hereinafter referred to as "underground source") the boundaries of which have been determined and proclaimed by the state engineer of New Mexico to be reasonably ascertainable, without a valid, existing license for the drilling of such wells issued by the state engineer of New Mexico in accordance with the provisions of this act [72-12-12 through 72-12-17 NMSA 1978], and the rules and regulations promulgated by him in pursuance hereof. Such licenses shall not be required for the construction of a driven well; provided, that the casing for such well shall not exceed two and three-eighths inches outside diameter.

History: 1941 Comp., § 77-1116, enacted by Laws 1949, ch. 178, § 1; 1953 Comp., § 75-11-13; Laws 1957, ch. 144, § 1.

Cross references. — For provision making certain indemnity agreements contained in or affecting agreements pertaining to wells, void, see 56-7-2 NMSA 1978.

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

Section is legitimate exercise of police power of state. State v. Myers, 1958-NMSC-059, 64 N.M. 186, 326 P.2d 1075.

State may in exercise of police power require license of any person drilling a well in any area determined by state engineer to be an underground source, boundaries of which have been determined to be reasonably ascertainable. State v. Myers, 1958-NMSC-059, 64 N.M. 186, 326 P.2d 1075.

Law reviews. — For note, "Recent Developments in the El Paso/New Mexico Interstate Groundwater Controversy - The Constitutionality of New Mexico's New Municipality Water Planning Statute," see 29 Nat. Resources J. 223 (1989).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 149, 150.