Open AccessThe Implications of Bounds v. State of New Mexico
Author(s) -
Richardson Jesse J.,
Dowell Tiffany
Publication year - 2012
Publication title -
journal of contemporary water research and education
Language(s) - English
Resource type - Journals
eISSN - 1936-704X
pISSN - 1936-7031
DOI - 10.1111/j.1936-704x.2012.03109.x
Subject(s) - supreme court , plaintiff , statute , law , legislation , state (computer science) , political science , doctrine , appropriation , state supreme court , realm , algorithm , linguistics , philosophy , computer science
National attention has turned to a case currently pending before the New Mexico Supreme Court. Bounds v. State of New Mexico involves a facial constitutional challenge to New Mexico's domestic well statute. The Plaintiff, Horace Bounds, claims that the statute, which requires the State Engineer to issue permits to any applicants for domestic purposes, violates the constitutional provision known as the Prior Appropriation Doctrine. The decision of the Court will likely have impacts across the country and beyond the legal realm. This decision could impact the well drilling industry, economic development, and administrative agencies. Numerous other western states have similar exempt well provisions, and the decision by the New Mexico Supreme Court could well lead to litigation or pushes for changes in legislation on other states as well.