reglab/housing_qa huggingface dataset:
NM Stat § 72-5-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-5 - Objections to applications; filing of protests; definition of standing.

A. If objection or protest to the application is timely filed, the state engineer shall advise interested parties, and a hearing shall be held as otherwise provided by statute.B. Any person, firm or corporation or other entity objecting that the granting of the application will be detrimental to the objector's water right shall have standing to file objections or protests. Any person, firm or corporation or other entity objecting that the granting of the application will be contrary to the conservation of water within the state or detrimental to the public welfare of the state and showing that the objector will be substantially and specifically affected by the granting of the application shall have standing to file objections or protests. Provided, however, that the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions and all political subdivisions of the state and their agencies, instrumentalities and institutions shall have standing to file objections or protests. History: 1953 Comp., § 75-5-4.1, enacted by Laws 1965, ch. 285, § 6; 1985, ch. 201, § 2; 2019, ch. 88, § 3. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. The 2019 amendment, effective July 1, 2019, removed certain notice provisions; in the section heading, deleted "publication of notice"; and in Subsection A, deleted "Whenever an application is filed which requires advertisement by virtue of the provisions of Chapter 72, Article 5 NMSA 1978, the advertisement shall state that objections or protests to the granting of the application may be filed with the state engineer within ten days after the last publication of the notice".The 1985 amendment added "definition of standing" in the section heading, designated the formerly undesignated paragraph as Subsection A, substituted "Chapter 72, Article 5 NMSA 1978" for "Article 5, Chapter 75, New Mexico Statutes Annotated, 1953 Compilation, as amended" near the beginning, "the application" for "said application" and "the notice" for "said notice" near the end of the first sentence of subsection A, deleted "thereof" following "interested parties" near the middle of the second sentence of Subsection A, and added Subsection B. Law reviews. — For note, "Appropriation By the State of Minimum Flows in New Mexico Streams," see 15 Nat. Resources J. 809 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 302. 93 C.J.S. Waters § 180.
NM Stat § 72-5-5.1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-5.1 - Purposes.

The state of New Mexico recognizes the importance of public welfare and conservation of water in administering its public waters. This act affords standing for those asserting legitimate concerns involving public welfare and conservation of water in a manner which avoids unduly burdening the administrative and judicial processes. History: Laws 1985, ch. 201, § 1. ANNOTATIONSCompiler's notes. — The term "this act," referred to at the beginning of the second sentence, means Laws 1985, ch. 201, which is compiled as 72-5-5, 72-5-5.1, 72-5-6, 72-5-7, 72-5-23, 72-5-24, 72-12-3, 72-12-7 and 72-12B-1 NMSA 1978. Pueblo rights doctrine unduly interferes with the state's regulation of water rights. State ex rel. Martinez v. City of Las Vegas, 2004-NMSC-009, 135 N.M. 375, 89 P.3d 47. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for diversion of surface water by raising surface level of land, 88 A.L.R.4th 891.
NM Stat § 72-5-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-8 - Construction of works; additional time.

Construction of works shall be diligently prosecuted in order that the project may be completed within the time limit set by the state engineer in the permit, provided that the state engineer may upon the request of the applicant allow additional time for the completion of works equal to the time during which work was prevented by acts of God, operation of law or other causes beyond the control of the applicant. History: Laws 1907, ch. 49, § 29; Code 1915, § 5687; C.S. 1929, § 151-138; Laws 1941, ch. 126, § 11; 1941 Comp., § 77-507; 1953 Comp., § 75-5-7. ANNOTATIONSCross references. — For extension of time for construction, see 72-5-14 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. Financial problems. — Financial inability to prosecute work required, under permit to appropriate water, does not justify extension of time by territorial engineer, for completion of the work. Rio Puerco Irrigation Co. v. Jastro, 1914-NMSC-041, 19 N.M. 149, 141 P. 874. Length of extension. — There is no authority for extending time of completion of construction eleven years. 1920 Op. Att'y Gen. No. 20-2470. Law reviews. — For note, "Appropriation By the State of Minimum Flows in New Mexico Streams," see 15 Nat. Resources J. 809 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 393. 93 C.J.S. Waters § 180.
NM Stat § 72-5-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-9 - Supervision; inspection; completion of works; alterations.

For the supervision of the construction of works for the storage, diversion or carriage of water there shall be in charge a registered professional engineer, whose qualifications have been approved by the state engineer. This engineer shall have full authority to carry out such inspections and instructions that are deemed necessary by the state engineer. On the date set for the completion of the work, or prior thereto, upon notice from the owner that the work has been completed, the state engineer shall cause the work to be inspected, after due notice to the owner of the permit. Such inspection shall be thorough and complete, in order to determine the actual capacity of the works, their safety and efficiency. If not properly and safely constructed, as plans approved, the state engineer may require the necessary changes to be made within a reasonable time, to be fixed by him and shall not issue his certificate of completion until such changes are made. If at or before the expiration of said time, good cause is shown why said change could not be made within said time, then additional time may be allowed in which to make said change. Failure to make such changes shall cause the postponement of the priority under the permit for such time as may elapse from the date for completing such changes until made to the satisfaction of the state engineer, and applications subsequent in time shall have the benefit of such postponement of priority: the state engineer, if he deems it necessary to the public safety, may bring in consulting engineers, geologists or other expert consultants, compensation for which will be paid for by the owner of the permit; provided, that for works involving the diversion of not exceeding twenty cubic feet of water per second or a dam not exceeding ten feet in height from the lowest natural ground surface elevation the state engineer may, in his discretion, waive the above provisions and accept the report of the inspection by a registered professional engineer. History: Laws 1907, ch. 49, § 30; Code 1915, § 5688; C.S. 1929, § 151-139; Laws 1937, ch. 178, § 4; 1941, ch. 126, § 12; 1941 Comp., § 77-508; 1953 Comp., § 75-5-8. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waterworks and Water Companies § 63. Covenant to maintain or repair dam as running with land, 41 A.L.R. 1366, 102 A.L.R. 781, 118 A.L.R. 982. 93 C.J.S. Waters § 147.
NM Stat § 72-5-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-10 - [State engineer's certificate of construction.]

When the works are found in satisfactory condition, after inspection, the state engineer shall issue his certificate of construction, setting forth the actual capacity of the works and such limitations on the water right as shall be warranted by the condition of the works, but in no manner extending the rights described in the permit. History: Laws 1907, ch. 49, § 31; Code 1915, § 5689; C.S. 1929, § 151-140; 1941 Comp., § 77-509; 1953 Comp., § 75-5-9. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 180.
NM Stat § 72-5-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-11 - Inspection and correction of unsafe works.

If the state engineer shall in the course of his duties find that any works constructed for the storage, diversion or carriage of water are unsafe and a menace to life or property, he shall at once notify the owner or agent, specifying the changes necessary and allowing a reasonable time for putting the works in safe condition. Upon the request of any party, accompanied by the estimated cost of inspection, the state engineer shall cause any alleged unsafe works to be inspected. If they shall be found unsafe by the state engineer, the money deposited by such party shall be refunded, and the fees for inspection shall be paid by the owner of such works; and, if not paid by him within thirty days after the decision of the state engineer, shall be a lien against the property of such owner, to be recovered by suit instituted by the district attorney of the county at the request of the state engineer. The state engineer may, when in his opinion necessary, inspect any works under construction for the storage, diversion or carriage of water and may require any changes necessary to secure their safety; and the fees for such inspection shall be a lien on any property of the owner and shall be subject to collection as provided herein; provided that nothing contained in this section shall be construed to make works being constructed or owned by the United States while under supervision of officers of the United States subject to inspection by the state engineer. Nothing contained in this section and no action or failure to act under this section shall be construed: A. to create any liability in the state or its officers or employees for the recovery of damages caused by such action or failure to act; or B. to relieve the owner or operator of water impoundment works of the legal duties, obligations or liabilities incident to the ownership or operation of water impoundment works. History: Laws 1907, ch. 49, § 32; Code 1915, § 5690; C.S. 1929, § 151-141; 1941 Comp., § 77-510; 1953 Comp., § 75-5-10; Laws 1979, ch. 314, § 1. ANNOTATIONSCross references. — For priority of liens, see 72-5-16 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. Property outside of New Mexico is not subject to lien under this section. Turley v. Furman, 1911-NMSC-030, 16 N.M. 253, 114 P. 278. Cost of inspection. — Cost of inspection of dam by state engineer cannot be cast upon owner, but must be paid by one requesting it (unless found unsafe, as provided in this section). 1912 Op. Att'y Gen. No. 12-938. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waterworks and Water Companies § 63. 93 C.J.S. Waters § 180.
NM Stat § 72-5-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-12 - Failure to comply with state engineer order; penalty.

Any owner of works for the diversion, storage, carriage or impoundment of water, his agent or employees, who, following notice to place such works in a safe condition as provided in Section 72-5-11 NMSA 1978, fails to take action specified by the state engineer within the time allowed, shall be guilty of a misdemeanor. Any violation of this section shall be punishable by a fine of not more than two hundred fifty dollars ($250) for each offense or by imprisonment for a definite term not to exceed six months, or both. It is the duty of the state engineer to give prompt notice to the district attorney of the county in which the works are located in case of such violation. The district attorney shall at once proceed against the owner and all parties responsible therefor. History: Laws 1907, ch. 49, § 33; Code 1915, § 5691; C.S. 1929, § 151-142; 1941 Comp., § 77-511; 1953 Comp., § 75-5-11; Laws 1979, ch. 314, § 2. ANNOTATIONSCross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. Community acequias. — Laws 1907, ch. 49 does not regulate community acequias constructed prior to passage thereof as to right to change point of diversion from stream into such acequias. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 116.
NM Stat § 72-5-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-13 - [Issuance of license to appropriate water.]

On or before the date set for the application of the water to a beneficial use, the state engineer shall cause the works to be inspected, after due notice to the owner of the permit. Upon the completion of such inspection, the state engineer shall issue a license to appropriate water to the extent and under the condition of the actual application thereof to beneficial use, but in no manner extending the rights described in the permit: provided, that the inspection to determine the amount of water applied to beneficial use shall be made at the same time as that of the constructed work, if requested by the owner, and if such action is deemed proper by the state engineer. History: Laws 1907, ch. 49, § 34; Code 1915, § 5692; C.S. 1929, § 151-143; 1941 Comp., 77-512; 1953 Comp., § 75-5-12. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. State engineer may afford legal protection for instream flows for recreational, etc., purposes. — Neither the New Mexico constitution nor statutes governing appropriation and use of surface water prohibit the state engineer from affording legal protection for instream flows for recreational, fish or wildlife, or ecological purposes, by conditioning approval of a transfer of an existing water right to an instream use on installation of gauging devices. 1998 Op. Att'y Gen. No. 98-01. Law reviews. — For article, "Legislation on Domestic and Industrial Uses of Water: A Comparative Review," see 24 Nat. Resources J. 143 (1984). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 249. 93 C.J.S. Waters § 219.
NM Stat § 72-5-15 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-15 - [Common use; enlargement and maintenance of works; lien for costs.]

Whenever in accordance with the provisions of this article, any person, firm, association or corporation shall enlarge an existing canal, acequia, reservoir or other works, in order to use the same in common with the former owner, such person, firm, association or corporation, shall have and enjoy the right to the use and benefit of the quantity of water added to the capacity of such structure or work by such enlargement. Where two or more owners are using or have the right to use the same canal, acequia, reservoir or other waterworks, and one or more of such owners shall fail or neglect to do his or their proper share of the work or to furnish and pay for his or their proper share of the materials necessary for the maintenance, repair and operation thereof, any one or more of such owners may, after ten days' notice, proceed to perform such work, and furnish such materials, and may recover from each delinquent owner his proportionate share of the cost of such work and materials by a suit in any court of competent jurisdiction, and shall have a lien therefor upon such delinquent owner's share in said canal, acequia, reservoir or other works enforceable in the same manner as provided by law for the enforcement of mechanic's liens. History: Laws 1907, ch. 49, § 61; Code 1915, § 5719; C.S. 1929, § 151-172; 1941 Comp., § 77-514; 1953 Comp., § 75-5-14. ANNOTATIONSCompiler's notes. — The 1915 Code compilers substituted "this article" for "this act," presumably thereby extending the reference to include all the provisions of Code 1915, ch. 114, art. I, not solely those derived from Laws 1907, ch. 49. The provisions of said art. I are compiled as 19-7-26, 72-1-1, 72-1-2, 72-1-5, 72-2-1 to 72-2-7, 72-2-9, 72-2-10, 72-3-1 to 72-3-5, 72-4-1, 72-4-13, 72-4-15, 72-4-17 to 72-4-19, 72-5-1 to 72-5-4, 72-5-6 to 72-5-24, 72-5-26 to 72-5-31, 72-5-33, 72-7-1 to 72-7-3, 72-8-1 to 72-8-6 and 72-9-1 to 72-9-3 NMSA 1978. Cross references. — For mechanic's liens, see Chapter 48, Article 2 NMSA 1978. For conservancy districts, see Chapter 73, Article 14 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 188.
NM Stat § 72-5-16 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-16 - [Priority of liens.]

All liens on land, provided for in this article shall be superior in right to all mortgages or other encumbrances placed upon the land and the water appurtenant thereto or used in connection therewith. History: Laws 1907, ch. 49, § 52; Code 1915, § 5711; C.S. 1929, § 151-164; 1941 Comp., § 77-515; 1953 Comp., § 75-5-15. ANNOTATIONSCompiler's notes. — The 1915 Code compilers substituted "this article" for "this act," presumably thereby extending the reference to include all the provisions of Code 1915, ch. 114, art. I, not solely those derived from Laws 1907, ch. 49. The provisions of said art. I are compiled as 19-7-26, 72-1-1, 72-1-2, 72-1-5, 72-2-1 to 72-2-7, 72-2-9, 72-2-10, 72-3-1 to 72-3-5, 72-4-1, 72-4-13, 72-4-15, 72-4-17 to 72-4-19, 72-5-1 to 72-5-4, 72-5-6 to 72-5-24, 72-5-26 to 72-5-31, 72-5-33, 72-7-1 to 72-7-3, 72-8-1 to 72-8-6 and 72-9-1 to 72-9-3 NMSA 1978.
NM Stat § 72-5-17 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-17 - Excess waters; sale.

The owner or owners of any works for the storage, diversion or carriage of water who may make application to store or carry water in excess of their needs for irrigation or other beneficial use, shall be required, as trustee of such right, to deliver such surplus at reasonable and uniform rates to parties entitled to use the same under like conditions and circumstances. History: Laws 1907, ch. 49, § 39; Code 1915, § 5698; C.S. 1929, § 151-151; Laws 1941, ch. 126, § 14; 1941 Comp., § 77-516; 1953 Comp. § 75-5-16. ANNOTATIONSCross references. — For provision making willful waste of water unlawful, see 72-8-4 NMSA 1978. For conservancy districts, see Chapter 73, Article 14 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 328. 93 C.J.S. Waters § 186.
NM Stat § 72-5-19 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-19 - [Standards for measuring flow and volume of water.]

The standard of measurement of the flow of water shall be the cubic foot per second of time; the standard of measurement of the volume of water shall be the acre-foot, being the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand five hundred and sixty cubic feet. The miner's inch shall be regarded as one-fiftieth of a cubic foot per second in all cases, except when some other equivalent of the cubic foot per second has been specifically stated by contract, or has been established by actual measurement or use. History: Laws 1907, ch. 49, § 41; Code 1915, § 5700; C.S. 1929, § 151-153; 1941 Comp., § 77-518; 1953 Comp., § 75-5-18. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 4. 93 C.J.S. Waters § 186.
NM Stat § 72-5-20 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-20 - Headgates and measuring devices.

Every ditch owner shall, when requested to do so by the state engineer, construct and maintain a substantial headgate at the point where the water is diverted, and shall construct a measuring device, of a design approved by the state engineer, at the most practical point or points for measuring and apportioning the water as determined by the state engineer. The state engineer may order the construction of such device by the ditch owner and, if not completed within twenty days thereafter, refuse to deliver water to such owner. The taking of the water by such ditch owner, after refusal by the state engineer to deliver water to him until the construction of such device and the approval thereof by the state engineer, shall be a misdemeanor. Such devices shall be so arranged that they can be locked in place, and when locked by the state engineer or his authorized agent, for the measurement or apportionment of water, it shall be a misdemeanor for any unauthorized person to interfere with, disturb or change the same. History: Laws 1907, ch. 49, § 46; Code 1915, § 5705; C.S. 1929, § 151-158; Laws 1941, ch. 126, § 19; 1941 Comp., § 77-519; 1953 Comp., § 75-5-19. ANNOTATIONSCross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. Rights and priorities to be adjudicated. — For purpose of apportionment of water, engineer has no jurisdiction over any old ditch system, until rights and priorities of owners of such system have been adjudicated in accord with terms of the act. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86. Interstate irrigation project. — Irrigation project upon waters of natural stream running from Colorado into New Mexico, when point of diversion, headgate and about six miles of irrigation ditch are in Colorado, is not in jurisdiction of territorial engineer of New Mexico. Turley v. Furman, 1911-NMSC-030, 16 N.M. 253, 114 P. 278. Law reviews. — For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 186.
NM Stat § 72-5-21 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-21 - [Recording of permits, decrees and documents; certified copies.]

All permits, decrees and documents granting, defining or limiting water rights and rights of owners of canals, reservoirs and works for conducting, storing or appropriating water in this state shall be recorded in the office of the county clerk of the county in which the property, canal, reservoir or work is situated. When so recorded, copies of such permits, decrees and documents certified by the county clerk shall be admitted in evidence in any court of the state as of equal validity with the original. History: Laws 1907, ch. 49, § 71; Code 1915, § 5728; C.S. 1929, § 151-177; 1941 Comp., § 77-520; 1953 Comp., § 75-5-20. ANNOTATIONSCross references. — For filing and recording of changes of ownership in water rights, see 72-1-2.1 NMSA 1978. For self-authentication of certified copies of public records, see Paragraph D of Rule 11-902 NMRA. For proof of official records, see Rule 11-1005 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 176.