reglab/housing_qa huggingface dataset:
NM Stat § 72-8-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 8 - Offenses and Penalties Under Water Act of 1907|Section 72-8-3 - [Interference with use of works; misdemeanor.]

Whenever any appropriator of water has the right-of-way for the storage, diversion or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto. Any violations of this section shall be a misdemeanor. History: Laws 1907, ch. 49, § 50; Code 1915, § 5709; C.S. 1929, § 151-162; 1941 Comp., § 77-703; 1953 Comp., § 75-7-3. ANNOTATIONSCross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978. For penalty for interference with community ditch, see 73-2-64 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 359. Debris or waste, liability for damages from obstruction of stream by, 29 A.L.R.2d 447. Liability for obstruction or diversion of subterranean waters in use of land, 29 A.L.R.2d 1354. Liability of landowner for damages caused by overflow, seepage or the like resulting from defect in artificial underground drain, conduit or pipe, 44 A.L.R.2d 960. Municipality's liability for damage resulting from obstruction or clogging of drains or sewers, 59 A.L.R.2d 281. Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193. 93 C.J.S. Waters § 135.
NM Stat § 72-8-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 8 - Offenses and Penalties Under Water Act of 1907|Section 72-8-4 - Unauthorized use or waste of water; constructing works without permit.

The unauthorized use of water to which another person is entitled, or the willful waste of surface or underground water to the detriment of another or the public, shall be a misdemeanor. It shall also be a misdemeanor to begin to carry on any construction of works for storing or carrying water until after the issuance of permit to appropriate such waters provided that management of water for beneficial use shall not be considered waste. History: Laws 1907, ch. 49, § 48; Code 1915, § 5707; C.S. 1929, § 151-160; Laws 1941, ch. 126, § 20; 1941 Comp., § 77-704; 1953 Comp., § 75-7-4; Laws 1973, ch. 283, § 1. ANNOTATIONSCross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978. Jurisdiction in suit for injunction. — Statutes which confer upon state engineer general supervision over state waters and appropriation and distribution thereof do not oust courts of jurisdiction to protect individual rights in use of water, so that court retained jurisdiction of suit by irrigation district for injunction against unlawful appropriation of water by riparian owners above district's works and reservoirs. Carlsbad Irrigation Dist. v. Ford, 1942-NMSC-042, 46 N.M. 335, 128 P.2d 1047. Joinder of riparian owners diverting water. — Where an irrigation district sought to enjoin alleged unlawful appropriation of water by riparian owners whose lands were located above district's reservoirs and works, it could properly join as defendants several riparian owners who made diversion even though there was no concert or unity of design between them. Carlsbad Irrigation Dist. v. Ford, 1942-NMSC-042, 46 N.M. 335, 128 P.2d 1047. Decree proper. — Since decree enjoined riparian owners from appropriating waters above irrigation district's reservoirs and works, but also provided that nothing should prevent such owners from applying to state engineer for water rights, it indicated sufficiently that upon proper showing owners' application for modification of decree would be heard by court, and was not erroneous under contention that it prevented any use of flood waters. Carlsbad Irrigation Dist. v. Ford, 1942-NMSC-042, 46 N.M. 335, 128 P.2d 1047. Venue not proven. — Absent evidence of county in which defendant committed acts of unauthorized use of water charged, his conviction would be reversed for failure to prove venue. State v. Glasscock, 1966-NMSC-105, 76 N.M. 367, 415 P.2d 56, overruled to the extent case suggests that venue is not waivable, State v. Lopez, 1973-NMSC-041, 84 N.M. 805, 508 P.2d 1292. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 326. Exploitation or waste of water, constitutionality of statute limiting or controlling, 24 A.L.R. 307, 78 A.L.R. 834. Waste, statutory regulations to prevent, 55 A.L.R. 1483, 109 A.L.R. 395, 109 A.L.R. 412. 94 C.J.S. Waters § 313.
NM Stat § 72-8-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 8 - Offenses and Penalties Under Water Act of 1907|Section 72-8-5 - [Diversion of water to other valleys; penalty.]

It shall be unlawful for any person, company or corporation to divert the waters of any public stream in New Mexico for use for reservoirs or other purposes in a valley other than that of any such stream, to the impairment of valid and subsisting prior appropriations of such waters. Any violator of this section, shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisonment in the county jail for not less than one month nor more than three months, or both, in the discretion of the court. History: Laws 1907, ch. 49, § 72; Code 1915, § 5729; C.S. 1929, § 151-178; 1941 Comp., § 77-705; 1953 Comp., § 75-7-5. ANNOTATIONSCross references. — For diversion of water from one stream or drainage to another stream or drainage, see 72-5-26 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 294. 94 C.J.S. Waters § 313.
NM Stat § 72-8-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 8 - Offenses and Penalties Under Water Act of 1907|Section 72-8-6 - [General penalty.]

All violations of the provisions of this article, declared to be misdemeanors, shall be punished by a fine not exceeding one hundred dollars ($100.00) nor less than ten dollars ($10.00), or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment, and any justice [magistrate] court of the county in which such misdemeanor has been committed shall have jurisdiction thereof. History: Laws 1907, ch. 49, § 51; Code 1915, § 5710; C.S. 1929, § 151-163; 1941 Comp., § 77-706; 1953 Comp., § 75-7-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished, and the jurisdiction, powers and duties thereof transferred to the magistrate courts. See 35-1-38 NMSA 1978. Compiler's notes. — The 1915 Code compilers substituted the term "this article" for "this act." "This act" would refer to Laws 1907, ch. 49, 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, 72-5-3, 72-5-4, 72-5-6 to 72-5-24, 72-5-26 to 72-5-28, 72-5-33, 72-7-1 to 72-7-3, 72-8-1 to 72-8-6, 72-9-1 to 72-9-3 NMSA 1978. "This article" would refer to the same sections and, in addition, to 72-5-2, 72-5-29 to 72-5-31 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 313.
NM Stat § 72-9-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 9 - Application of Water Act of 1907|Section 72-9-2 - [Local or community rules and customs unaffected; authority of state engineer.]

In all cases where local or community customs, rules and regulations have been adopted and are in force and in all cases where such rules and regulations may be adopted from time to time by the majority of the users from a common canal, lateral or irrigation system, and have for their object the economical use of water and are not detrimental to the public welfare, such rules and regulations shall govern the distribution of water from such ditches, laterals and irrigation systems to the persons entitled to water therefrom, and such customs, rules and regulations shall not be molested or changed, unless so desired by the persons interested and using said custom or customs, but nothing in this section shall be taken to impair the authority of the state engineer and water master to regulate the distribution of water from the various stream systems of the state to the ditches and irrigation systems entitled to water therefrom under the provisions of this article. History: Laws 1907, ch. 49, § 57; Code 1915, § 5715; C.S. 1929, § 151-168; 1941 Comp., § 77-802; 1953 Comp., § 75-8-2. ANNOTATIONSCompiler's notes. — The 1915 Code compilers substituted the term "this article" for "this act." "This act" would refer to Laws 1907, ch. 49, the provisions of which are presently 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, 72-5-3, 72-5-4, 72-5-6 to 72-5-24, 72-5-26 to 72-5-28, 72-5-33, 72-7-1 to 72-7-3, 72-8-1 to 72-8-6, 72-9-1 to 72-9-3 NMSA 1978. "This article" would refer to the same sections and, in addition, to 72-5-2, 72-5-29 to 72-5-31 NMSA 1978. Cross references. — For the state engineer, see 72-2-1 NMSA 1978. Authority not impaired. — Nothing in this section shall be taken to impair authority of state engineer and watermaster to regulate distribution of water from various stream systems of state to ditches and irrigation systems entitled to water therefrom. 1953 Op. Att'y Gen. No. 53-5734. Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 283. 93 C.J.S. Waters § 11.
NM Stat § 72-9-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 9 - Application of Water Act of 1907|Section 72-9-4 - [Federal reclamation projects unaffected.]

Except as provided in Sections 15 and 22 [72-5-33 and 19-7-26 NMSA 1978] of this act nothing herein shall be construed as applying to or in any way affecting any federal reclamation project heretofore or hereafter constructed pursuant to the act of congress approved June 17, 1902, known as the Federal Reclamation Act, or acts amendatory thereof or supplementary thereto. History: Laws 1941, ch. 126, § 27; 1941 Comp., § 77-804; 1953 Comp., § 75-8-4. ANNOTATIONSCompiler's notes. — Laws 1941, ch. 126, § 27 of which enacted this section, was principally amendatory of Article 1 of Chapter 151 of the 1929 Compilation, and therefore this section may have application to the entire article, which is compiled in 19-7-26, 72-1-1, 72-1-2, 72-1-5, 72-2-1 to 72-2-7, 72-2-9 to 72-2-11, 72-3-1 to 72-3-5, 72-4-1, 72-4-13 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, 72-9-1 to 72-9-3 NMSA 1978. If its application is to be restricted to the 1941 act, it would apply only to 19-7-26, 72-1-1, 72-2-5, 72-2-6, 72-4-20, 72-5-1, 72-5-3, 72-5-4, 72-5-6 to 72-5-9, 72-5-14, 72-5-17, 72-5-20, 72-5-23, 72-5-24, 72-5-27, 72-5-28, 72-5-32, 72-5-33, 72-8-4, 72-9-1, 72-9-3, 72-9-4 NMSA 1978. The act of congress approved June 17, 1902, and referred to in this section, is compiled as 43 U.S.C. §§ 372, 373, 381, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491, 498. The reclamation law which includes the Act of June 17, 1902 and all acts amendatory thereof and supplemental thereto is compiled as 43 U.S.C. § 371 et seq. Section does not deny equal protection. — The legislature's distinction between federal reclamation projects and other areas of water use is not unreasonable or arbitrary and thus this section does not deny equal protection. City of Raton v. Vermejo Conservancy Dist., 1984-NMSC-037, 101 N.M. 95, 678 P.2d 1170. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 82. 94 C.J.S. Waters § 333.
NM Stat § 72-10-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-1 - [Community springs or tanks; election of commissioners; duties.]

In all cases where there are springs or tanks of water in this state which are the property of any community, and from which such community obtains water for the use of such community or any of the members thereof, it shall be lawful for the members of such community at such time and place and in such manner as acequia commissioners are elected in this state to elect three commissioners who shall be members of such community and partitioners of such water, whose duty it shall be to protect such springs and tanks and to provide for suitable dams and breakwaters for the same. History: Laws 1889, ch. 14, § 1; C.L. 1897, § 59; Code 1915, § 5802; C.S. 1929, § 151-701; 1941 Comp., § 77-901; 1953 Comp., § 75-9-1. ANNOTATIONSCross references. — For election of acequia officers, see 73-2-12 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 184. Wells, rights in, 55 A.L.R. 1536, 109 A.L.R. 395, 109 A.L.R. 419. Municipal water supply, statutes and ordinances for protection of, 72 A.L.R. 673. 94 C.J.S. Waters § 226.
NM Stat § 72-10-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-2 - [Injuries or obstructions; powers of commissioners; penalty; civil liability.]

The said commissioner [commissioners] shall have lawful power and authority to prevent any and all persons from placing any obstruction whatsoever in any of such community springs and from in any manner injuring or destroying any dam, breakwater or tank connected therewith, and shall have authority to enter complaint against any person who shall wilfully injure, break or obstruct any such spring, dam or breakwater, before any justice of the peace [magistrate] having jurisdiction and any person so accused upon conviction thereof before any justice of the peace [magistrate] having jurisdiction shall be fined in any sum not less than five dollars [($5.00)] nor more than twenty-five dollars [($25.00)], and shall also be liable to the community in a civil suit for damages to be brought by the said commissioners in the name and for the use of such community. History: Laws 1889, ch. 14, § 2; C.L. 1897, § 60; Code 1915, § 5803; C.S. 1929, § 151-702; 1941 Comp., § 77-902; 1953 Comp., § 75-9-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished, and the jurisdiction, powers and duties thereof transferred to the magistrate courts. See 35-1-38 NMSA 1978. Cross references. — For provision making injuring of or interfering with works a misdemeanor, see 72-8-1, 72-8-3 NMSA 1978. For injunction against use of community waters in community land grant, see 49-1-16, 49-2-15 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 32 to 42. 94 C.J.S. Waters § 233.
NM Stat § 72-10-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-3 - [Laws applicable to community springs and tanks.]

All general laws and parts of such laws respecting the construction and management of public acequias shall be in force and applicable to the community springs and tanks mentioned in this article, and the commissioners provided for in this article shall have the same authority with reference to such springs as is conferred upon acequia commissioners by the laws of this state. History: Laws 1889, ch. 14, § 3; C.L. 1897, § 61; Code 1915, § 5804; C.S. 1929, § 151-703; 1941 Comp., § 77-903; 1953 Comp., § 75-9-3. ANNOTATIONSCompiler's notes. — The 1915 Code compilers substituted "this article" for "this act," presumably referring to Code 1915, ch. 114, art. V, the provisions of which are presently compiled as 72-10-1 to 72-10-3 NMSA 1978. Cross references. — For public ditches and acequias, see 73-2-1 NMSA 1978 et seq.
NM Stat § 72-10-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-4 - [Reservoirs; building authorized.]

The inhabitants of the different precincts in this state are hereby authorized to build reservoirs at such places where needed to deposit the water that shall run through tubes, so that the masses of the people may use the same for the use of families. History: Laws 1891, ch. 54, § 1; C.L. 1897, § 700; Code 1915, § 5805; C.S. 1929, § 151-801; 1941 Comp., § 77-904; 1953 Comp., § 75-9-4. ANNOTATIONSCross references. — For incorporation and powers of waterworks, see 62-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 200. 93 C.J.S. Waters § 221.
NM Stat § 72-10-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-5 - [Petition to county commissioners to build reservoirs; corporation.]

Whenever said inhabitants shall have necessity to build such reservoirs or ponds of water they shall make a petition to the county commissioners of their county, with no less than one hundred signatures, which shall be constituted into a corporation to build such reservoir or pond. History: Laws 1891, ch. 54, § 2; C.L. 1897, § 701; Code 1915, § 5806; C.S. 1929, § 151-802; 1941 Comp., § 77-905; 1953 Comp., § 75-9-5.
NM Stat § 72-10-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-6 - [County to furnish tools; rock and mortar.]

Said commissioners, in view of said petition, shall allow said reservoir to be made, and shall furnish, at the expense of the county, the necessary tools to do the work, which shall consist of rock and mortar. History: Laws 1891, ch. 54, § 3; C.L. 1897, § 702; Code 1915, § 5807; C.S. 1929, § 151-803; 1941 Comp., § 77-906; 1953 Comp., § 75-9-6.
NM Stat § 72-10-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-7 - [Work to be done by petitioners.]

Every petitioner shall have to work on said reservoirs or ponds until the work is completed. History: Laws 1891, ch. 54, § 4; C.L. 1897, § 703; Code 1915, § 5808; C.S. 1929, § 151-804; 1941 Comp., § 77-907; 1953 Comp., § 75-9-7.
NM Stat § 72-10-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-8 - [Completion of reservoir; contract with county.]

When said reservoirs or ponds shall have been completed, the county commissioners shall enter into an annual contract with the owners of said water tubes for the permanent having of the water in said reservoirs. History: Laws 1891, ch. 54, § 5; C.L. 1897, § 704; Code 1915, § 5809; C.S. 1929, § 151-805; 1941 Comp., § 77-908; 1953 Comp., § 75-9-8. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 228.
NM Stat § 72-10-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-9 - [Term of contract.]

The said water company shall contract with the said commissioners, which contract shall be for the term of two years from the date of the contract, thus continuing from period to period, until this article is repealed. History: Laws 1891, ch. 54, § 6; C.L. 1897, § 705; Code 1915, § 5810; C.S. 1929, § 151-806; 1941 Comp., § 77-909; 1953 Comp., § 75-9-9. ANNOTATIONSCompiler's notes. — The 1915 Code compilers substituted the term "this article" for "the present law," presumably referring to Code 1915, ch. 114, art. VI, the provisions of which are presently compiled as 72-10-4 to 72-10-10 NMSA 1978.
NM Stat § 72-10-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 10 - Community Uses|Section 72-10-10 - [Warrants for payments under contract.]

By virtue of said contract the commissioners shall issue warrants for the payment of the sum necessary to pay equitably, upon the county treasurer where said contract shall be made; and the treasurer shall pay from the funds of said county not appropriated for other purposes. History: Laws 1891, ch. 54, § 7; C.L. 1897, § 706; Code 1915, § 5811; C.S. 1929, § 151-807; 1941 Comp., § 77-910; 1953 Comp., § 75-9-10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 330.
NM Stat § 72-11-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 11 - Salt Lakes|Section 72-11-1 - [Salt lakes free to citizens; interference with gathering of salt; penalty.]

All the salt lakes within this state, and the salt which has, or may accumulate on the shores thereof, is, and shall be free to the citizens, and each one shall have power to collect salt on any occasion free from molestation or disturbance. If any person or persons shall prevent any other person or persons, or shall attempt to prevent them from gathering salt, or going for, or returning with it, or shall arm or embody themselves for any or either of the above purposes, or shall molest or disturb, hinder or annoy any person or persons gathering salt, or going to, or returning from any salt lakes, or shall interfere with the salt gathered, or the animals, carts or wagons, or any other mode of conveyance or transportation, shall be deemed guilty of felony, and punished by confinement in the penitentiary, not less than two nor more than seven years, or by fine of not less than one thousand dollars [($1,000)]. History: Laws 1853-1854, p. 20, §§ 1, 2; C.L. 1865, ch. 98, §§ 1, 2; C.L. 1884, § 53; C.L. 1897, § 58; Code 1915, § 5814; C.S. 1929, § 151-1101; 1941 Comp., § 77-1001; 1953 Comp., § 75-10-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1853-1854, p. 20 contained a preamble reciting that by the laws of Spain and Mexico, free and common use was granted to the people of New Mexico and of all the states and provinces of said republic, of all salt lakes within their respective limits, that the same right has been guaranteed by the treaty between the United States and Mexico, that one James Magoffin of Texas had set up a fictitious claim to the San Andres salt lakes and attempted forcibly to prevent citizens of the territory from taking salt from the same, and committed acts of wrong and outrage against them and that it was the duty of the legislative assembly of the territory, by proper laws to protect its citizens in their just rights of property and person. The first sentence of the present section constituted C.L. 1865, ch. 98, § 1, and the remainder appeared as § 2 thereof.
NM Stat § 72-12-1.2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 12 - Underground Waters|Section 72-12-1.2 - Underground public waters; livestock well permits.

A person, firm or corporation desiring to use public underground waters for watering livestock shall make an application to the state engineer on a form prescribed by the state engineer for a livestock well permit. Upon filing of the application, the state engineer shall issue a livestock well permit for the use of water for watering livestock to the applicant, provided that as part of an application for livestock watering use on state or federal land, the applicant submits proof that the applicant: A. is legally entitled to place livestock on the state or federal land where the water is to be used; and B. has been granted access to the drilling site and has permission to occupy the portion of the state or federal land as is necessary to drill and operate the well. History: 1978 Comp., § 72-12-1.2, enacted by Laws 2003, ch. 298, § 3. ANNOTATIONSEffective dates. — Laws 2003, ch. 298 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.