Bounds v. State ex rel. D'Antonio

Summary

The New Mexico Supreme Court affirmed the Court of Appeals, holding that the New Mexico Domestic Well Statute (DWS) is facially constitutional and does not violate the prior‑appropriation doctrine of Article XVI, Section 2, nor the due‑process clause of Article II, Section 18 of the state constitution. The Court reasoned that the statute merely prescribes a permitting procedure and that domestic‑well permits are subject to priority administration and curtailment, satisfying constitutional requirements. The Court also rejected the takings claim for lack of proof of impairment. The decision resolves the certiorari petition and leaves the DWS in force.