Upon notice and after opportunity for a hearing, the state engineer may suspend or revoke a license issued pursuant to the provisions of Sections 72-12-12 through 72-12-17 NMSA 1978 for a violation of a condition of a bond maintained as a prerequisite for the license. Appeals from the decision of the state engineer may be taken to a district court in the same manner as provided for other appeals from action of the state engineer. In the event of such breach, the state engineer, on behalf of the state and any other person injured by the breach, is authorized to recover in a civil suit in the district court of the county where the well involved is located, judgment for damages sustained by reason of the breach. In addition, the state engineer is authorized to recover on behalf of the state a civil penalty in an amount to be determined by the district court not to exceed ten thousand dollars ($10,000), and judgment for both damages and penalty shall be against the principal and sureties on the bonds.

History: 1941 Comp., § 77-1118, enacted by Laws 1949, ch. 178, § 3; 1953 Comp., § 75-11-15; 1978 Comp., § 72-12-14; 2026, ch. 28, § 3.

ANNOTATIONS

Cross references. — For appeal de novo from decision, act or refusal to act of state executive officer or body in matters relating to water rights, see N.M. Const., art. XVI, § 5.

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

The 2026 amendment, effective May 20, 2026, increased the maximum penalty for a violation of water law; after the section heading, deleted "Any license issued under the provisions of this act may be suspended or revoked by" and added "Upon notice and after opportunity for a hearing", after "the state engineer" deleted "upon notice and hearing, in the event that the license shall have violated any" and added "may suspend or revoke a licensed issued pursuant to the provisions of Sections 72-12-12 through 72-12-17 NMSA 1978 for a violation of a", and after "not to exceed," deleted "$1,000.00" and added "ten thousand dollars ($10,000)".

Interstate usage of water can be controlled to same extent as intrastate usage. City of El Paso ex rel. Pub. Serv. Bd. v. Reynolds, 563 F. Supp. 379 (D.N.M. 1983).

Law reviews. — For comment on Kelley v. Carlsbad Irrigation Dist., 71 N.M. 464, 379 P.2d 763 (1963), see 3 Nat. Resources J. 340 (1963).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 247.