Bounds v. New Mexico Decision Announced

On July 25, 2013, the Supreme Court of New Mexico released its much awaited decision in Bounds v. State of New Mexico. Bounds, a farmer with senior water rights, challenged the legality of the domestic well statute (DWS). The DWS requires the State Engineer to issue a permit for domestic water wells when an application is filed, without any further analysis or consideration. In short, the court found that the DWS does not violate the prior appropriation doctrine or the due process clause of the New Mexico Constitution. Click here for the Supreme Court summary.