No permit and license to appropriate underground waters for in-state use shall be required except in basins declared by the state engineer to have reasonably ascertainable boundaries.

History: 1941 Comp., § 75-1121, enacted by Laws 1953, ch. 64, § 3; 1953 Comp., § 75-11-21; 1983, ch. 2, § 5.

Cross references. — For appropriation of underground waters with reasonably ascertainable boundaries, see 72-12-1 NMSA 1978.

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

Declaration of basin. — Until a basin is declared by state engineer, he cannot exercise jurisdiction in connection with its underground waters. McBee v. Reynolds, 1965-NMSC-007, 74 N.M. 783, 399 P.2d 110.

Law reviews. — For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979).

For note, "New Mexico State Engineer Issues Orders on Mine Dewatering," see 20 Nat. Resources J. 359 (1980).

For comment, "Protection of the Means of Groundwater Diversion," see 20 Nat. Resources J. 625 (1980).

For article, "Reasonable Groundwater Levels Under the Appropriation Doctrine: The Law and Underlying Economic Goals," see 21 Nat. Resources J. 1 (1981).

For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).

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 § 327.

93 C.J.S. Waters § 170.