New Mexico's Office of the State Engineer (OSE) has issued noncompliance warnings to owners of 20 water wells in the Carlsbad and Capitan Basins. The warnings follow field investigations that suggested water might have been diverted for commercial sales without proper permits. Well-owners have been instructed to stop these diversions and contact the OSE District 2 office to address the issue. Continued unauthorized diversions could lead to legal action by the OSE.
"Now more than ever, protecting New Mexico’s water resources from illegal use is essential to securing a strong water future," said State Engineer Elizabeth Anderson.
The OSE's current enforcement penalties date back to 1907, which limits their deterrent effect on illegal water use. During the 2025 legislative session, the OSE supported a bill aimed at strengthening penalties for illegal water diversions by increasing monetary fines. However, this bill did not pass in the Senate.
The OSE plans to seek further legislative support in upcoming sessions to prevent illegal water use. Members of the public are encouraged to report suspected violations anonymously if they observe activities such as wells being used for commercial sales without meters or temporary pumps installed in livestock wells.
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