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« Can You Own The Rain In Washington State? | Main | Western Governors' Association Report on Water Needs and Strategies: Next Steps »

Saturday, 26 July 2008

New Mexico State Engineer Appeals Exempt Well Ruling

New Mexico State Engineer John D'Antonio has appealed the recent court ruling that rendered New Mexico's domestic water well regulations unconstitutional. These wells are so-called 'exempt wells' that do not require a water right.

John Fleck wrote the story in yesterday's Albuquerque Journal (you will have to get a free trial pass and view an ad to read the story). Thanks to Jane Ann Bode for alerting me to this story.

The appeal means that D'Antonio's office will continue to issue permits for domestic wells. D'Antonio felt the appeal was necessary "to clarify the legal issues." About 7,000 to 8,000 of these wells are drilled each year.

Here is the press release from the State Engineer's office:

Download se_appeals_dom_well_decision_7_24_08.pdf

Read Ray Walker's post on exempt wells and prior appropriation.

At the recently-concluded UCOWR/NIWR conference in Durham, a water lawyer told me that exempt wells are invariably one of the first things Western water lawyers discuss at gatherings. She was quite curious about the New Mexico decision and its implications. 

"No one ever says 'It's only a game' when their team is winning." -- George Carlin

Posted on Saturday, 26 July 2008 at 12:50 AM in Law & Economics, Water Quantity & Availability, Western USA |

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