**This article is not a substitute for the advice of an attorney.**

In a case that received nationwide attention, Bounds v. New Mexico, the New Mexico Supreme Court has held that the state’s domestic well statute is constitutional.  Specifically, the Court found that the domestic well statute does not violate the doctrine of prior appropriation or the due process clause.  Numerous other states across the West, including Texas, have similar statutes that allow domestic well permits to be granted without the usual procedural steps required to obtain a water permit.  You can read the entire opinion here.