New Mexico Statutes

N.M. Stat. § 72-12-13 (2026)

Application; information required; fee; surety bond for

✓ current as of May 2026

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drilling operation. Any person desiring to engage in the drilling of one or more wells for underground water within the boundaries of any underground source, as hereinabove defined, shall file an application with the state engineer for a driller's license, setting out his qualifications therefor, the equipment proposed to be used in the drilling of the wells and other information as may be required by the state engineer. A reasonable fee, not to exceed twenty-five dollars ($25.00) shall be imposed by the state engineer. All fees collected under the provisions of this section shall be deposited with the state treasurer, and placed in the general fund. A license shall be issued by the state engineer to any applicant who, in the opinion of the state engineer, having due regard for the interest of the state in the protection of its public waters, is qualified to conduct such drilling operations, but not otherwise. The state engineer shall require a bond in form and with adequate surety to be approved by him in the penal sum of five thousand dollars ($5,000) conditioned that the applicant will comply with the laws of New Mexico in the drilling of all wells to such underground sources, will comply with the rules and regulations of the state engineer and any requirements that may be made by him in connection with the drilling of any individual well for water from such sources.

History: 1941 Comp., § 77-1117, enacted by Laws 1949, ch. 178, § 2; 1953 Comp., § 75-11-14; Laws 1965, ch. 124, § 5. ANNOTATIONS

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

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

Notes of Decisions

Cited in 2 cases, 1979–2003 · leading case: Turner Ex Rel. Manzano Resources v. Bassett, 81 P.3d 564 (N.M. Ct. App. 2003).

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Turner Ex Rel. Manzano Resources v. Bassett, 81 P.3d 564 (N.M. Ct. App. 2003). · cites it 2× “, NMSA 1978, § 72-5-6 (1985); § 72-5-23; and NMSA 1978, § 72-12-13 (1965) (providing that it is the State Engineer’s duty to make findings that a proposed appropriation or change to an existing water right does not impair existing rights, is not contrary to conservation, and…”

Marsh v. Coleman, 600 P.2d 271 (N.M. 1979). · cites it 2× “At the time Sides Water leased the rig, and during the time it used it on Coleman’s property, Sides Water was not a licensed water well driller under § 72-12-13, N.M. S.A. 1978. The rig was returned to Rental Tools in April 1976.”

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