An artesian well for the purposes of this act [72-13-1 through 72-13-12 NMSA 1978] is hereby defined to be an artificial well which derives its water supply from any artesian stratum or basin.

History: Laws 1935, ch. 43, § 1; 1941 Comp., § 77-1201; 1953 Comp., § 75-12-1.

Purpose. — The 1935 statute relating to artesian wells and basins was passed to tighten state engineer's control over such waters which were not already under control of conservancy district, and where under district control, to give state engineer concurrent jurisdiction to enforce regulatory provisions of act or to intervene in any suit by or against district in interest of protecting or adjudicating rights to public water. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.

Permit required. — When well taps water of underground stream, artesian basin or reservoir having reasonably ascertainable boundaries it may be drilled only upon permit from state engineer. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.

Standing to sue. — Though artesian conservancy district owned no land serviced by waters of artesian basin and no water rights, it constituted proper party plaintiff for maintaining suit to enjoin use of water from unauthorized well. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490, appeal after remand, 1948-NMSC-022, 52 N.M. 148, 193 P.2d 418.

Law reviews. — For article, "Centralized Decisionmaking in the Administration of Groundwater Rights: The Experience of Arizona, California and New Mexico and Suggestions for the Future," see 24 Nat. Resources J. 641 (1984).

For student article, "Defining the Public Interest: Administrative Narrowing and Broadening of the Public Interest in Response to the Statutory Silence of Water Codes," see 50 Nat. Resources J. 255 (2010).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 155.