NM Stat § 72-2-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-9 - [Supervising apportionment of waters.]

The state engineer shall have the supervision of the apportionment of water in this state according to the licenses issued by him and his predecessors and the adjudications of the courts. History: Laws 1907, ch. 49, § 12; Code 1915, § 5665; C.S. 1929, § 151-112; 1941 Comp., § 77-209; 1953 Comp., § 75-2-9. ANNOTATIONSPower of state engineer. — Based upon the statutory language and the historical authority of the state engineer, the legislature did not intend Section 72-2-9.1 NMSA 1978 to provide the state engineer with the additional power of determining water right priorities as among water rights owners and to curtail water usage based upon such administrative determinations. The state engineer's general supervisory authority under Section 72-2-9 NMSA 1978 is specific as to the authority addressed by the legislature in Section 72-2-9.1 and restricts the state engineer's general supervisory authority to apportion the waters of the state to licenses and court adjudications. Tri-State Generation & Transmission Ass'n, Inc. v. D'Antonio, 2011-NMCA-015, 149 N.M. 394, 249 P.3d 932, cert. granted, 2011-NMCERT-002, 150 N.M. 617, 264 P.3d 129. Section applicable to public or unappropriated waters. — This section cannot be held to relate to waters held in private ownership or by prior appropriation, but must be held to relate to public and unappropriated waters within the territory. Vanderwork v. Hewes, 1910-NMSC-031, 15 N.M. 439, 110 P. 567. "Licenses" must be legal licenses. McBee v. Reynolds, 1965-NMSC-007, 74 N.M. 783, 399 P.2d 110. Section would seem to limit jurisdiction of engineer to such water rights as had been acquired under licenses issued by him or his predecessors. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86. Engineer's jurisdiction does not extend to seepage water from unknown sources. Vanderwork v. Hewes, 1910-NMSC-031, 15 N.M. 439, 110 P. 567. Territorial engineer was without authority to issue permit for project to irrigate lands in New Mexico from waters of natural stream running from Colorado into the territory, with head gate and part of ditch in Colorado. Turley v. Furman, 1911-NMSC-030, 16 N.M. 253, 114 P. 278. Demand required. — Upstream junior appropriators were not liable for downstream senior appropriator's shortage of water where downstream senior appropriator had not demanded of state engineer that water to the extent of his needs and within his senior appropriation be allowed to reach his diversion point. Worley v. United States Borax & Chem. Corp., 1967-NMSC-129, 78 N.M. 112, 428 P.2d 651. Adjudication suit to determine all claims to water's use in given stream system. — The object of an adjudication suit is to determine all claims to the use of the water in a given stream system in order to facilitate the administration of unappropriated waters and to aid in the distribution of waters already appropriated. State ex rel. Reynolds v. Pecos Valley Artesian Conservancy Dist., 1983-NMSC-044, 99 N.M. 699, 663 P.2d 358. Approval of change in acequia necessary once water rights adjudicated. — If the water rights of an acequia have been adjudicated, then the state engineer must approve any change in amount or location of diversion, regardless of whether or not it is a community acequia. Honey Boy Haven, Inc. v. Roybal, 1978-NMSC-088, 92 N.M. 603, 592 P.2d 959. Waters cannot be apportioned according to conflicting decrees or decrees covering less than all claims. El Paso & R.I. Ry. v. District Ct., 1931-NMSC-055, 36 N.M. 94, 8 P.2d 1064. Parties to adjudication. — This section does not authorize state engineer, either in exercise of state's police power or as representative of other water users, to seek adjudication of water rights of one making bona fide claim thereto which would affect rights of others, without joinder of those persons whose rights may be affected. State ex rel. Reynolds v. W.S. Ranch Co., 1961-NMSC-061, 69 N.M. 169, 364 P.2d 1036. Law reviews. — For note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Resources J. 286 (1972). For note, "New Mexico's National Forests and the Implied Reservation Doctrine," see 16 Nat. Resources J. 975 (1976). For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).