For the purposes of this act [72-13-1 to 72-13-12 NMSA 1978], waste is defined as causing, suffering or permitting any artesian water to reach any pervious stratum above the artesian strata before coming to the surface of the earth, or causing, suffering or permitting any artesian well to discharge unnecessarily upon the surface of the ground, unless said waters are to be placed to a beneficial use under the constant supervision of the person using such water, or his employee, and through a constructed irrigation system: provided, however, that nothing herein contained shall be construed to prevent the use of such waters for ornamental ponds or fountains.
History: Laws 1935, ch. 43, § 6; 1937, ch. 122, § 1; 1941 Comp., § 77-1206; 1953 Comp., § 75-12-6.
ANNOTATIONSPurpose. — Legislature, in passing this section and Section 72-13-12 NMSA 1978, was not attempting to prevent use of water, but to prevent waste of water. State ex rel. Erickson v. McLean, 1957-NMSC-012, 62 N.M. 264, 308 P.2d 983.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 161.
Waste, statutory regulations to prevent, 55 A.L.R. 1483, 109 A.L.R. 395, 109 A.L.R. 412.
93 C.J.S. Waters § 95.