Horace BOUNDS, Jr., Plaintiff-Appellee, and
Jo BOUNDS and the San Lorenzo Community Ditch Association, Plaintiffs, and
New Mexico Farm & Livestock Bureau, Intervenor-Appellee,
v.
STATE of New Mexico and John R. D'Antonio, Jr., New Mexico State Engineer, Defendants-Appellants.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
October 29, 2010.
Certiorari Granted, January 27, 2011, Nos. 32,713 and 32,717.
Gary K. King , Attorney General, DL Sanders , Chief Counsel, Special Assistant Attorney General, Santa Fe, NM, Brett J. Olsen, P.C., Brett J. Olsen, Special Assistant Attorney General, Albuquerque, NM, Law Offices of Randall W. Childress, P.C., Stacey J. Goodwin , Special Assistant Attorney General, Santa Fe, NM, for Appellants.
Law & Resource Planning Associates, A Professional Corporation, Charles T. DuMars , Stephen Curtice , Patrick J. Redmond , Albuquerque, NM, for Amici Curiae 4 Daughters Land & Cattle Company, Great Western Ranch, LLC, Sanders Land & Cattle, Inc., Western New Mexico Water Preservation Association, and Verde Realty.
Basham & Basham, P.C., Mark A. Basham , Santa Fe, NM, for Amicus Curiae New Mexico Association of Counties.
Frank Katz , City Attorney, Marcos Martinez , Assistant City Attorney, Santa Fe, NM, for Amicus Curiae City of Santa Fe.
Jane Marx, Attorney at Law, P.C., Jane Marx , Albuquerque, NM, Janov Law Offices, P.C., Gwenellen P. Janov , Albuquerque, NM, for Amici Curiae The Pueblo of San Felipe and The Zuni Tribe.
Luebben Johnson & Barnhouse LLP, Samuel D. Hough , Albuquerque, NM, for Amicus Curiae The Pueblo of Santa Ana.
Sonosky, Chambers, Sachse, Mielke & Brownell, LLP, David C. Mielke , Albuquerque, NM, for Amicus Curiae The Pueblo of Isleta.
Court of Appeals of New Mexico.
OPINION
SUTIN, Judge.
{1} We address the question whether New Mexico's domestic well statute (the DWS), NMSA 1978, § 72-12-1.1 (2003), is facially unconstitutional. The DWS states that the New Mexico State Engineer shall issue domestic well permits to draw groundwater for domestic use "[u]pon the filing of each application." The DWS is controversial because it requires the permit to be issued upon application without notice, and any prior...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
