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Show ARTESIAN WATERS 657 commencing such work.229 Wells abandoned for more than 4 years may be plugged by the State Engineer or the district without notice to the owner.230 The waste of water from an artesian well is a misdemeanor and a public nuisance. The State Engineer, artesian well supervisor, or the district may abate this, with the costs therefor constituting a lien upon the land, if the well owner fails or refuses to abate the nuisance within 10 days of receipt of proper notice to do so.231 The constitutionality of a similar provision under an earlier statute was upheld.232 It is also unlawful to conduct water through a ditch, canal, or conduit under such conditions that more than 20 percent of the water is lost233 or to use artesian wells for watering livestock, unless fitted with valves that control or prevent waste.234 Artesian Conservancy Districts The purpose of the district is to conserve the waters of its artesian basin or basins where such waters have been beneficially appropriated.235 The act pro- vides a procedure for the formation of such districts.236 The act also provides procedures for including additional land when the original boundaries of the artesian basin are extended.237 The district is governed by a board of five directors,238 charged with the duty of outlining the district's plans or programs of conservation and administration, which expressly include the plugging of leaking wells.239 Taxes may be assessed and levied on lands within the district to meet operating costs and other expenses.240 The district may also acquire the same rights, power, and authority over all ground waters within the district boundaries that it has over artesian waters, provided the boundaries of said ground waters have been reasonably ascertained and the waters appropriated to beneficial use.241 In Pecos Valley Artesian Conservancy District v. Peters,2*2 the court ruled that a district could bring an action to enjoin the operation of a well located outside the boundaries of the district but draining waters from within the 229Id. § 75-12-4. 230Id. § 75-12.7. 231 Id. § 75-12-8. 232Ecclesv. Ditto, 23 N. Mex. 235,167 Pac. 726 (1917). 233N. Mex. Stat. Ann. § 75-12-9. (1968). "4/d § 75-12-11. 235Id. § 75-13-1. 236Id. §§ 75-13-3 to 75-13-12. 237/<2. §§ 75-13-31.1 and 75-13-13.2. 238Id. §§ 75-13-13 to 75-13-14. 239Id. § 75-13-18. 240Id. §§ 75-13-19 to 75-13-21. M1Id. § § 75-13-22 and 75-13-23. 242Pecos Valley Artesian Conservancy Dist. v. Peters, 50 N. Mex. 165, 173 Pac. (2d) 490 (1945). |