Luncheon Speaker Series 1. The New Mexico Constitution and Water Code provide that all water belongs to the public . Public ownership is the legal basis for government regulation and the fundamental maxim that beneficial use is the measure, the right, and the limit to use the public's water . A water right is the right to use the public's water.
Water rights allow use of ground or surface water.
Unlike other states, ground and surface water are conjunctively managed in New Mexico. Springs are considered surface water. Permitted water rights are granted by the State Engineer. Adjudicated water rights result from water rights adjudications, quiet title, and abandonment actions. If appurtenant to real property, water rights are automatically conveyed when the property is conveyed unless specifically reserved.