Section 72-12-1 NMSA provides that the water of underground streams, channels, artesian basins, reservoirs, or lakes having reasonably ascertainable boundaries are declared to be public waters which belong to the public and are subject to appropriation for beneficial use. Section 72-2-8 NMSA gives the state engineer authority to adopt regulations and codes to implement and enforce any provision of any law administered by the state engineer. Section 72-12-12 NMSA states that it shall be unlawful for any person, firm, or corporation to drill or to begin the drilling of a well for water from an underground source without a valid, existing license for the drilling of such wells issued by the state engineer of New Mexico. Section 72-12-13 NMSA states any person desiring to engage in the drilling of one or more wells for underground water within the boundaries of any underground source shall file an application with the state engineer for a well driller's license. Sections 72-12-14 through 72-12-17 NMSA further detail requirements for well drillers in New Mexico. Sections 72-12-25 through 72-12-28 NMSA provide requirements for deep wells in non-potable aquifers. Sections 72-13-1 through 72-13-12 NMSA detail the requirements for the drilling of artesian wells.
N.M. Admin. Code § 19.27.4.3