FARM BUREAU BACKED LAWSUIT JEOPARDIZES LIVESTOCK WELLS

As a key supporter of Bounds v. State of New Mexico, the New Mexico Farm & Livestock Livestock Bureau has placed livestock wells in the same path of destruction as domestic wells.

Since Domestic (72-12-1.1) and Livestock (72-12-1.2) well statutes are remarkably similar in wording and administered in exactly the same manner, the only logical conclusion can be that livestock wells will also be drastically affected by the Bounds ruling.

In his address to the Water & Natural Resources Committee in August of 2008, Bill Hume, Office of the Governor Planning and Policy Director, stated “if the unconstitutionality of the domestic well statute holds up through the appeals process, the laws on stock wells and impoundments will likely be in the same sinking legal boat”.

If the ruling is upheld, 72-12-1 wells will be subject to full review by the Office of the State Engineer which will result in long wait times for approvals and it is quite possible, in many cases, that water rights will have to be purchased in order to receive a permit.
 

WHAT IS THE "BOUNDS CASE"?

The Bounds Case, currently in the New Mexico Court of Appeals, was filed by farmers and senior water rights holders Horace and Jo Bounds (along with the New Mexico Farm Bureau).  The lawsuit claimed the Bounds’ were harmed by numerous domestic wells drilled around the boundaries of their property and called for a ruling that the domestic well statute is unconstitutional.   Incredibly, the lower court ruled in favor of Bounds even though there was no evidence presented showing that the Bounds had in fact been harmed.  In addition the court also determined each and every domestic well permit issued in New Mexico would have to go through a full review process.

Regardless of the Appeals Court ruling, the case will most certainly be appealed to the Supreme Court.  Even though the case is under appeal, the constitutionality of the statute has been brought up in other court cases and will no doubt continue to be an issue.

Many western states and water rights attorneys are keeping a close eye on the outcome of Bounds as there is no doubt that it could set a dangerous precedent.

WHAT IS THE NMGWA DOING ABOUT IT?

The members of the New Mexico Ground Water Association have worked diligently to protect the Domestic Well Permit process as outlined by Statute 72-12-1. 

1.  We have participated in the appeal by filing an Amicus Brief in support of the State Engineer.

2.  We have an attorney monitoring other court cases where this same argument is being brought up. 

3.  We have a full time lobbyist that monitors the legislative front for any action that could have a negative affect on the ground water industry and well owners.

4.  A tremendous amount of fundraising is done in order to be able to continue fighting these efforts.