reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 12A - Mine Dewatering › Section 72-12A-13 - Existing water rights recognized.

Existing water rights based upon application to beneficial use are hereby recognized. Nothing herein contained is intended to impair the same or to disturb the priorities thereof. Nothing in the Mine Dewatering Act shall be construed to permit condemnation of water rights and the owner of a water right shall not be considered to have forfeited or abandoned his rights under that act.
History:
Laws 1980, ch. 148, § 13.
ANNOTATIONS
Nonseverability and severability.
— Laws 1980, ch. 148, § 14, provided for the severability of the act if any part other than § 12 is held invalid. If any part of § 12 is held invalid, the remainder of the act is to also be invalid and without legal force and effect.
Law reviews.
— For comment, "New Mexico's Mine Dewatering Act: The Search for Rehoboth," see 20 Nat. Resources J. 653 (1980).
For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 12B - Use of Waters Outside the State › Section 72-12B-2 - Applicability.

The provisions of this act shall apply to applications pending before the state engineer under the surface water and ground water codes.
History:
Laws 1983, ch. 2, § 6.
ANNOTATIONS
Compiler's notes.
— The term "this act," referred to in this section, means Laws 1983, ch. 2, which is compiled as 72-12-3, 72-12-8, 72-12-18, 72-12-20, 72-12B-1 and 72-12B-2 NMSA 1978.
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Severability.
— Laws 1983, ch. 2, § 8, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-1 - Definition of artesian well.

An artesian well for the purposes of this act [72-13-1 to 72-13-12 NMSA 1978] is hereby defined to be an artificial well which derives its water supply from any artesian stratum or basin.
History:
Laws 1935, ch. 43, § 1; 1941 Comp., § 77-1201; 1953 Comp., § 75-12-1.
ANNOTATIONS
Purpose.
— The 1935 statute relating to artesian wells and basins was passed to tighten state engineer's control over such waters which were not already under control of conservancy district, and where under district control, to give state engineer concurrent jurisdiction to enforce regulatory provisions of act or to intervene in any suit by or against district in interest of protecting or adjudicating rights to public water.
Pecos Valley Artesian Conservancy Dist. v. Peters
, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.
Permit required.
— When well taps water of underground stream, artesian basin or reservoir having reasonably ascertainable boundaries it may be drilled only upon permit from state engineer.
Pecos Valley Artesian Conservancy Dist. v. Peters
, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.
Standing to sue.
— Though artesian conservancy district owned no land serviced by waters of artesian basin and no water rights, it constituted proper party plaintiff for maintaining suit to enjoin use of water from unauthorized well.
Pecos Valley Artesian Conservancy Dist. v. Peters
, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490,
appeal after remand
, 1948-NMSC-022, 52 N.M. 148, 193 P.2d 418.
Law reviews.
— For article, "Centralized Decisionmaking in the Administration of Groundwater Rights: The Experience of Arizona, California and New Mexico and Suggestions for the Future," see 24 Nat. Resources J. 641 (1984).
For student article, "Defining the Public Interest: Administrative Narrowing and Broadening of the Public Interest in Response to the Statutory Silence of Water Codes," see 50 Nat. Resources J. 255 (2010).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 155.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-2 - Supervision of artesian waters.

All artesian waters which have been declared to be public waters shall be under the supervision and control of the state engineer, as provided by this act [72-13-1 to 72-13-12 NMSA 1978], but where artesian conservancy districts have been duly organized pursuant to Chapter 97 of the New Mexico Session Laws of 1931 [73-1-1 to 73-1-13, 73-1-16 to 73-1-23 NMSA 1978] and acts amendatory thereof, such districts shall have concurrent power and authority with the state engineer to enforce the regulatory provisions, as herein provided, insofar as the waters to be conserved and controlled by the respective districts are affected.
This act shall not be construed to affect the provisions of Chapter 131 of the New Mexico Session Laws of 1931 [72-12-1 to 72-12-10 NMSA 1978], being "An act relating to underground waters, declaring certain underground waters to be public waters and relating to the beneficial appropriation thereof and repealing Article 2 of Chapter 151 of the New Mexico Statutes Annotated, 1929 Compilation," and the state engineer may intervene on behalf of the state in any proceeding brought by or against any artesian conservancy district where it is necessary for the proper protection or adjudication of rights to the public waters of the state.
History:
Laws 1935, ch. 43, § 2; 1941 Comp., § 77-1202; 1953 Comp., § 75-12-2.
ANNOTATIONS
Cross 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 Waters § 148.
Right to conduct and use artesian water out of artesian basin, 31 A.L.R. 906.
Artesian wells, statutory regulations as to, 55 A.L.R. 1451, 109 A.L.R. 395.
93 C.J.S. Waters § 92.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-3 - Artesian well supervisor.

The county commissioners of any county wherein an artesian basin is situated and wherein an artesian conservancy district has not been organized may employ with the consent and approval of the state engineer an artesian well supervisor and any assistants deemed necessary, who shall be under the supervision of the state engineer, and it shall be the duty of such well supervisor and his assistants, to enforce the regulatory provisions of Sections 72-13-1 through 72-13-12 NMSA 1978 and the rules and regulations promulgated by the state engineer pursuant hereto. The salaries of such well supervisor and his assistants shall be fixed by the board of county commissioners, who shall levy a special tax for such purpose upon all taxable property situated within the county wherein such artesian basin is situated, which levy shall be exclusive of the limit now provided by law; provided, however, that at no time shall such tax levy produce a revenue in any one year of more than seven thousand five hundred dollars ($7,500). All funds derived from such tax levies shall be transmitted by the county treasurer to the state treasurer on or before the last day of March, June, September and December of each year. The state treasurer shall deposit such funds to the credit of the artesian well fund of the county providing the same and shall disburse the same for expenses incurred by said county relative to the administration of the provisions of this section upon warrants of the secretary of finance and administration supported by proper itemized vouchers approved by the state engineer.
History:
Laws 1935, ch. 43, § 3; 1941 Comp., § 77-1203; 1953 Comp., § 75-12-3; Laws 1977, ch. 247, § 197.
ANNOTATIONS
Cross 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 Waters § 148.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-5 - Drilling record.

Any contractor drilling a well within any artesian basin where such well is drilled down to or through any artesian stratum shall keep a complete record and log of the well, recording the depth, thickness and character of the different strata penetrated, together with the dates when the work was begun and completed, and the amount, weight and size of casing set, and number of inches of flow from such well above the casing, all of which he shall verify under oath, and when the well is completed shall file the same with the state engineer or artesian well supervisor, and a duplicate thereof, if the well is situated within any artesian conservancy district, with the officials of such district.
History:
Laws 1935, ch. 43, § 5; 1941 Comp., § 77-1205; 1953 Comp., § 75-12-5.
ANNOTATIONS
Cross references.
— For penalty for violation of this section,
see
72-13-12 NMSA 1978.
For provision making certain indemnity agreements contained in or affecting agreements pertaining to wells, void,
see
56-7-2 NMSA 1978.
For the state engineer,
see
72-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-6 - Definition of waste.

For the purposes of this act [72-13-1 to 72-13-12 NMSA 1978], waste is defined as causing, suffering or permitting any artesian water to reach any pervious stratum above the artesian strata before coming to the surface of the earth, or causing, suffering or permitting any artesian well to discharge unnecessarily upon the surface of the ground, unless said waters are to be placed to a beneficial use under the constant supervision of the person using such water, or his employee, and through a constructed irrigation system: provided, however, that nothing herein contained shall be construed to prevent the use of such waters for ornamental ponds or fountains.
History:
Laws 1935, ch. 43, § 6; 1937, ch. 122, § 1; 1941 Comp., § 77-1206; 1953 Comp., § 75-12-6.
ANNOTATIONS
Purpose.
— Legislature, in passing this section and Section 72-13-12 NMSA 1978, was not attempting to prevent use of water, but to prevent waste of water.
State ex rel. Erickson v. McLean
, 1957-NMSC-012, 62 N.M. 264, 308 P.2d 983.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 161.
Waste, statutory regulations to prevent, 55 A.L.R. 1483, 109 A.L.R. 395, 109 A.L.R. 412.
93 C.J.S. Waters § 95.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-7 - Abandoned wells wasting water declared to be a public nuisance.

Any artesian well which has been abandoned for more than four years, from which the right to the use of the waters has reverted to the state, and which is found to be wasting the waters from any artesian basin, is hereby declared to be a public nuisance, and the state engineer, his representatives or the artesian conservancy district in which the well is located, may abate such nuisance in a summary manner, without notice to the owner, by plugging or otherwise controlling the same.
History:
Laws 1935, ch. 43, § 7; 1941 Comp., § 77-1207; 1953 Comp., § 75-12-7.
ANNOTATIONS
Cross references.
— For abatement of waste of artesian well waters on surface,
see
72-13-8 NMSA 1978.
For public nuisances generally,
see
30-8-1 NMSA 1978.
For abatement of same,
see
30-8-8 NMSA 1978.
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 Waters § 148.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-9 - Conducting water so as to prevent waste.

It is unlawful for any owner, person or corporation using the waters from any artesian well to conduct the same through any ditch, channel or conduit such that more than twenty percent of the waters are lost between the point of appropriation and the point of beneficial use.
History:
Laws 1935, ch. 43, § 9; 1941 Comp., § 77-1209; 1953 Comp., § 75-12-9; Laws 1971, ch. 47, § 1.
ANNOTATIONS
Cross references.
— For penalty for violation of this section,
see
72-13-12 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 148.
94 C.J.S. Waters § 313.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-10 - Reservoirs.

When reservoirs are constructed to be used for storage of water from artesian wells the capacity shall not be greater than that sufficient to hold the continuous maximum flow of the water from such wells for a period of more than forty-eight (48) hours, excepting that where the maximum discharge of such wells is less than three hundred (300) gallons per minute such reservoirs may be of sufficient capacity to hold the maximum continuous flow thereof for a period of ninety-six (96) hours. Such reservoirs shall be constructed and used only for irrigation purposes. It shall be the duty of the artesian well supervisor and officials of any artesian conservancy district or agents or employees designated for that purpose to inspect all reservoirs and main ditches and laterals connected therewith as to construction, both as to workmanship and materials used, and to determine the losses therefrom by seepage and evaporation. If any reservoir and distribution system shall show a loss of more than twenty (20) percent of the water from the artesian well to the place of beneficial use, the investigating official shall notify the owner thereof, or his agent or person using the same, that such reservoir and distributing system are in defective condition and that it shall be unlawful to make further use of the same until they are repaired or reconditioned so as to lose by reason of seepage and evaporation not more than twenty (20) percent of the waters appropriated. The use of such reservoir for storage purposes after the owner, his agent or the person using the same has received notice, shall be deemed a misdemeanor, punishable as provided in this act [72-13-1 to 72-13-12 NMSA 1978], and also a public nuisance, and the state engineer, artesian well supervisor or artesian conservancy district having jurisdiction, may abate such nuisance in a summary manner and claim a lien for the actual costs thereof as provided in Section 8 [72-13-8 NMSA 1978]. After repairs have been made pursuant to such notice, it shall again be inspected by such official and if found to be so repaired or reconstructed so as to conserve the waters therein, as herein provided, the official inspecting the same shall issue to the owner, or his agent or the person using the same, his written approval thereof.
History:
Laws 1935, ch. 43, § 10; 1941 Comp., § 77-1210; 1953 Comp., § 75-12-10.
ANNOTATIONS
Cross references.
— For penalty for violation of this section,
see
72-13-12 NMSA 1978.
For public nuisances, generally,
see
30-8-1 NMSA 1978.
For abatement of nuisances,
see
30-8-8 NMSA 1978.
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 Waters §§ 200, 201.
93 C.J.S. Waters § 89.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-11 - Using water for stock purposes.

It shall be unlawful to use water from any artesian well for the purpose of watering stock, except where such water shall be carried through pipes to watering troughs fitted with float feeds or other means of control to prevent waste therefrom.
History:
Laws 1935, ch. 43, § 11; 1941 Comp., § 77-1211; 1953 Comp., § 75-12-11.
ANNOTATIONS
Cross references.
— For penalty for violation of this section,
see
72-13-12 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 313.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 13 - Artesian Wells › Section 72-13-12 - Violations made misdemeanors.

Any person or corporation violating any of the provisions of Section [Sections] 4, 5, 8, 9, 10 and 11 [72-13-4, 72-13-5, 72-13-8 to 72-13-11 NMSA 1978] of this act or any of the rules and regulations promulgated by the state engineer in conformity therewith, and each day such violation shall continue shall constitute a separate offense, and upon conviction thereof, shall pay a fine of not less than twenty-five ($25.00) dollars nor more than two hundred fifty ($250) dollars for each offense. The state engineer, artesian well supervisor or any director of an artesian conservancy district or other officer charged with the enforcement of this act [72-13-1 to 72-13-12 NMSA 1978], may file a complaint with the proper official against anyone for the violation of any of the provisions hereof.
History:
Laws 1935, ch. 43, § 12; 1941 Comp., § 77-1212; 1953 Comp., § 75-12-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Purpose.
— Legislature, in passing this section, was not attempting to prevent use of water, but to prevent waste of water.
State ex rel. Erickson v. McLean
, 1957-NMSC-012, 62 N.M. 264, 308 P.2d 983.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 313.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-2 - Expenses.

The members of the commission shall serve without compensation, but shall receive necessary and actual expenses for sustenance, lodging and travel while actually engaged in the performance of their duties.
History:
Laws 1935, ch. 25, § 2; 1941, ch. 99, § 1; 1941 Comp., § 77-3302; 1953 Comp., § 75-34-2; Laws 1971, ch. 234, § 11.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-4 - Budget and plan submitted to governor annually.

The interstate stream commission shall annually prepare and submit a budget together with a complete and detailed plan looking toward the improvement of the Rio Grande in this state, and increasing the surface flow of water in the river, during the ensuing fiscal year. The plan and budget shall be submitted annually in accordance with the provisions of Sections 6-3-1 through 6-3-22 NMSA 1978.
History:
Laws 1935, ch. 24, § 1; 1941 Comp., § 77-3304; Laws 1947, ch. 131, § 1; 1953 Comp., § 75-34-4; Laws 1973, ch. 201, § 1; 1997, ch. 241, § 1; 1997, ch. 246, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, in the first sentence, deleted "of the channel" following "improvement" and inserted "and increasing the surface flow of water in the river", in the second sentence substituted "6-3-1 through 6-3-22 NMSA 1978" for "11-4-1.1 through 11-4-7.8 NMSA 1953", and made a minor stylistic change.
Laws 1997, ch. 241, § 1 and Laws 1997, ch. 246, § 1, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 1.
See
12-1-8 NMSA 1978.
Law reviews.
— For article, " 'Whisky's for Drinkin', Water's for Fighten'! ' Is it? Resolving a Collective Action Dilemma in New Mexico," see 45 Nat. Resources J. 185 (2003).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-5 - Annual expenditures made under budget and plan.

The interstate stream commission shall annually expend from the money appropriated, within the money actually available and within the budget submitted and approved, in accordance with the provisions of Sections 6-3-1 through 6-3-22 NMSA 1978, such sum as may be necessary for the improvement of the Rio Grande in this state, and increasing the surface flow of water in the river, and in accordance with the plan submitted by the commission.
History:
Laws 1935, ch. 24, § 2; 1941 Comp., § 77-3305; Laws 1947, ch. 131, § 2; 1953 Comp., § 75-34-5; Laws 1973, ch. 201, § 2; 1997, ch. 241, § 2; 1997, ch. 246, § 2.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "6-3-1 through 6-3-22 NMSA 1978" for "11-4-1.1 NMSA 1953", deleted "of the channel" following "improvement", inserted "and increasing the surface flow of water in the river", and made stylistic changes throughout the section.
Laws 1997, ch. 241, § 2 and Laws 1997, ch. 246, § 2, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 2.
See
12-1-8 NMSA 1978.
Power of eminent domain.
— Commission is entitled to institute proceedings in the name of the state for condemnation of land for erecting a dam and reservoir to impound and conserve water.
State ex rel. Red River Valley Co. v. Dist. Ct.
, 1935-NMSC-085, 39 N.M. 523, 51 P.2d 239.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-6 - Appropriation; how disbursements are to be made.

A. Annually, one million dollars ($1,000,000) shall be distributed from the improvement of Rio Grande income fund to the forest land protection revolving fund.
B. There is appropriated annually all money remaining in the improvement of the Rio Grande income fund after the distribution pursuant to Subsection A of this section or as much thereof as may be necessary for the purpose of complying with Sections 72-14-4 through 72-14-6 and 72-14-9 through 72-14-28 NMSA 1978 and to fulfill and carry out their purposes and intentions. The appropriations authorized shall be paid, from time to time as may be necessary, upon vouchers approved by the interstate stream commission.
History:
Laws 1935, ch. 24, § 3; 1941 Comp., § 77-3306; Laws 1947, ch. 131, § 3; 1953 Comp., § 75-34-6; Laws 1973, ch. 201, § 3; 1997, ch. 241, § 3; 1997, ch. 246, § 3; 2019, ch. 62, § 8.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, made a distribution from the improvement of Rio Grande income fund to the forest land protection revolving fund; added new Subsection A and new subsection designation "B."; and in Subsection B, after "all money", added "remaining", and after "Rio Grande income fund", added "after the distribution pursuant to Subsection A of this section".
The 1997 amendment,
effective June 20, 1997, substituted "72-14-4 through 72-14-6 and 72-14-9 through 72-14-28 NMSA 1978" for "75-34-4 through 75-34-6 NMSA 1953" in the first sentence and made minor stylistic changes throughout the section.
Laws 1997, ch. 241, § 3 and Laws 1997, ch. 246, § 3, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-7 - [Governor authorized to protect water rights in interstate streams.]

That the governor of the state of New Mexico is hereby authorized to take such steps, make such investigations and institute or cause to be instituted in the name of the state, such proceedings as in his judgment may be necessary for the protection of the rights to the waters of any and all the interstate streams of the state.
History:
Laws 1927, ch. 120, § 1; 1941 Comp., § 77-3307; 1953 Comp., § 75-34-7.
ANNOTATIONS
Law reviews.
— For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-8 - [Governor may employ persons and fix their compensation.]

That the governor of New Mexico is authorized to employ such engineers, employees and attorneys as in his judgment may be necessary for the provisions of this act [72-14-7, 72-14-8 NMSA 1978], and to fix the compensation therefor.
History:
Laws 1927, ch. 120, § 2; 1941 Comp., § 77-3308; 1953 Comp., § 75-34-8.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-10 - [Power to purchase, exchange and condemn property.]

The interstate stream commission, in addition to all other powers now vested in it, shall have power to acquire, by purchase, or exchange upon such terms and conditions and in such manner as it may deem proper, and to acquire by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, any land, rights, water rights, easements, franchises and other property deemed necessary or proper for the construction, operation and maintenance of such works. Title to property purchased or condemned shall be taken in the name of the commission. The commission shall be under no obligation to accept and pay for any property condemned under this act [72-14-9 to 72-14-23, 72-14-25 to 72-14-28 NMSA 1978] except from the funds provided by this act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be warranted by law and the facts.
The taking possession of the property sought to be condemned shall not be delayed by reason of any dispute between rival claimants or the failure to join any of them as a party to said proceedings in condemnation.
History:
1953 Comp., § 75-34-10, enacted by Laws 1955, ch. 266, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters §§ 21, 55.
Acquisition by adverse possession or use of public property held by governmental unit, 55 A.L.R.2d 554.
93 C.J.S. Waters § 7; 94 C.J.S. Waters § 236.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-12 - [Power to cross watercourses and avenues of transportation.]

The interstate stream commission of the state of New Mexico shall have the power to construct irrigation works across any stream of water, watercourse, streets, avenues, highways, railways, canals, ditches or flumes which the route of said canal or canals may intersect or cross, in such manner as to afford security to life and property; but the board shall restore the same, when so crossed or intersected, to its former state, as near as may be, so as not to destroy its usefulness; and every company whose railroads shall be intersected or crossed by said works shall unite with said commission in forming said intersection and crossing; and if such railroad company and said commission, or the owners and controllers of said property, thing, or franchise so to be crossed cannot agree upon the amount to be paid therefor, on the points or the manner of said crossing of intersections, the same shall be ascertained and determined in all respects as herein provided in respect to taking of land for public use.
But nothing herein contained shall require the payment to the state or any subdivision thereof, of any sum for the right to cross any public highway with any such works. The right-of-way is hereby given, dedicated and set apart to locate, construct and maintain said works over and through any of the lands which are now or hereafter may be the property of this state.
History:
1953 Comp., § 75-34-12, enacted by Laws 1955, ch. 266, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 332.
What constitutes natural drainway or watercourse for flow of surface water, 81 A.L.R. 262.
Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193.
94 C.J.S. Waters §§ 349, 350.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-14 - Revenues from bonds to be applied to cost of projects and associated expenses.

All money received from any bonds issued pursuant to Sections 72-14-9 through 72-14-28 NMSA 1978 shall be applied solely to the payment of the cost of the project or to the appurtenant debt service fund, and there is created and granted a lien upon such money until so applied in favor of the holders of the bonds or the trustee provided for in respect of such bonds.
History:
1953 Comp., § 75-34-14, enacted by Laws 1955, ch. 266, § 6; 1997, ch. 241, § 7; 1997, ch. 246, § 7.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading, substituted "Sections 72-14-9 through 72-14-28 NMSA 1978" for "this act", "project" for "works" and "debt service" for "sinking", deleted "and to the administration fund as hereinafter provided" following "fund" and "shall be and hereby" following "there" in the middle of the section, and made minor stylistic changes.
Laws 1997, ch. 241, § 7 and Laws 1997, ch. 246, § 7, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 7.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-15 - Funds established.

The commission shall create three separate funds in respect of the bonds of each series: one fund to be known as the "project fund, series ______________"; another fund to be known as the "income fund, series ______________"; and another fund to be known as the "debt service fund, series ______________"; each fund to be identified by the same series number or letter as the bonds of such series. The money in each fund shall be deposited in such depository and secured in such manner as may be determined by the commission. It is lawful for any bank or trust company incorporated under the laws of this state or of the United States to act as such depository and to furnish such indemnifying bonds or to pledge such securities as may be required by the commission. A separate account shall be kept in each project fund and in each income fund for each project. All expenditures not properly chargeable to the project fund account or to the income fund account of any one project shall be charged by the commission in such proportions as it determines to the project fund accounts or to the income fund accounts, as the case may be, of the projects in respect of which such expenditures were incurred.
History:
1953 Comp., § 75-34-15, enacted by Laws 1955, ch. 266, § 7; 1997, ch. 241, § 8; 1997, ch. 246, § 8.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading; in the first sentence, deleted "create a fund to be known as 'administration fund' and shall also" following "shall" at the beginning, inserted "debt service" near the middle and substituted "commission" for "board" at the end; and substituted "project" for "construction" and "income" for "water" throughout the section.
Laws 1997, ch. 241, § 8 and Laws 1997, ch. 246, § 8, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 8.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 241.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-16 - Bond proceeds to be appropriately credited.

The proceeds of the bonds of each series issued under the provisions of Sections 72-14-9 through 72-14-28 NMSA 1978 shall be placed to the credit of the appropriate project fund, which fund shall be kept segregated and set apart from all other funds. There shall be credited to the appropriate debt service fund all accrued interest received upon sale of the bonds and there shall also be credited to the appropriate project fund the interest received upon the deposits of money in the project fund and money received by way of grant from the United States or from any other source for the project. The money in each project fund shall be paid out or disbursed in such manner as may be determined by the commission, subject to the provisions of those sections, to pay the cost of the project and there is hereby appropriated annually the money in each project fund for the purposes intended by the commission.
History:
1953 Comp., § 75-34-16, enacted by Laws 1955, ch. 266, § 8; 1997, ch. 241, § 9; 1997, ch. 246, § 9.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading, in the first sentence, substituted "Sections 72-14-9 through 72-14-28 NMSA" for "this act" and deleted "at all times" following "fund shall", in the second sentence, inserted the language beginning "shall be credited to" and ending "bonds and there" at the beginning, deleted "all accrued interest upon the bonds and" following "the project fund", and deleted "works as hereinabove defined" at the end, rewrote the last sentence, substituted "project" for "construction" throughout the section and made minor stylistic changes.
Laws 1997, ch. 241, § 9 and Laws 1997, ch. 246, § 9, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 9.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 241.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-18 - Debt service fund; payments into fund; fund pledged for payment of interest, fiscal charges and repayment of principal.

The commission shall provide, in the proceedings authorizing the issuance of each series of bonds, for the paying into the appropriate debt service funds at stated intervals money from other revenues pledged to repay the bonds or all money then remaining in the income fund, after paying all cost of operation, maintenance and repairs of the works. All money in each debt service fund shall be pledged for the payment of and used only for the purpose of paying:
A. interest upon the bonds as such interest falls due;
B. the necessary fiscal agency charges for paying bonds and interest;
C. the principal of the bonds as they fall due; and
D. any premiums upon bonds retired by call or purchase as herein provided.
Prior to the issuance of the bonds of each series, the commission may provide by resolution for using the debt service fund or any part thereof in the purchase of any of the outstanding bonds payable therefrom at the market price thereof. The money in each debt service fund, less such reserve as may be provided for in the resolution authorizing the bonds for the payment of interest, principal, or both, if not used within a reasonable time for the purchase of bonds as provided in this section, shall be applied to the redemption of bonds then subject to redemption at the redemption price then applicable.
History:
1953 Comp., § 75-34-18, enacted by Laws 1955, ch. 266, § 10; 1997, ch. 241, § 11; 1997, ch. 246, § 11.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading, inserted "money from other revenues pledged to repay the bonds or" in the introductory paragraph, deleted "but not exceeding the price, if any, at which the same shall, at the next interest date, be payable or redeemable, and all bonds redeemed or purchased shall forthwith be cancelled and no bonds shall be issued in place thereof" at the end of the first sentence of the second paragraph, inserted "or both" and "in this", and deleted "for cancellation" following "purchase of bonds" in the last sentence of that paragraph, substituted "debt service" for "sinking" throughout the section, and made minor stylistic changes.
Laws 1997, ch. 241, § 11 and Laws 1997, ch. 246, § 11, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 11.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations § 58.
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-19 - Permanent reservoirs for irrigation purposes income fund; Rio Grande income fund; appropriation.

Each year's income credited to the permanent reservoirs for irrigation purposes income fund and the improvement of Rio Grande income fund may be pledged irrevocably to the payment of the principal of and interest on revenue bonds by the commission with the approval of the state board of finance, and there are irrevocably appropriated to the commission amounts from the funds for such purposes. The commission shall provide in the proceedings authorizing the issuance of each series of bonds for the paying into the appropriate income and debt service funds all money received pursuant to this section.
History:
1953 Comp., § 75-34-19, enacted by Laws 1955, ch. 266, § 11; 1997, ch. 241, § 12; 1997, ch. 246, § 12.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading, deleted "in addition so much of" following "income fund", substituted "and the improvement of the Rio Grande income fund" for "as shall be necessary for the purposes hereinabove enumerated" and inserted "to the payment of the principal of and interest on revenue bonds" in the first sentence, substituted "income and debt service funds" for "sinking fund" in the last sentence, and made minor stylistic changes throughout the section.
Laws 1997, ch. 241, § 12 and Laws 1997, ch. 246, § 12, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 12.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations § 44.
94 C.J.S. Waters §§ 234, 321.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-20 - [Contracts and leases with agencies of United States authorized.]

Notwithstanding any provisions of this act [72-14-9 to 72-14-23, 72-14-25 to 72-14-28 NMSA 1978] to the contrary, the commission is empowered to enter into contracts and leases with the United States of America, its instrumentalities or agencies, or any thereof, for the purpose of financing the construction of any works authorized by this act, and may in such contracts or leases authorize the United States, its instrumentalities or agencies, to supervise and approve the construction, maintenance and operation of such works, or any project or portion thereof, until such times as any money expended, advanced or loaned by said United States, its instrumentalities or agencies and agreed to be repaid thereto by said commission, shall have been fully repaid. It is the purpose and intent of this act that the commission shall be authorized, and is hereby authorized and empowered, to accept cooperation from the United States of America, its instrumentalities and agencies, in the construction, maintenance and operation and in financing the construction, of any works authorized by this act, and the commission shall have full power to do any and all things necessary in order to avail itself of such aid, assistance and cooperation under federal legislation now or hereafter enacted by congress.
History:
1953 Comp., § 75-34-20, enacted by Laws 1955, ch. 266, § 12.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waterworks and Water Companies § 8.
94 C.J.S. Waters § 228.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-22 - Rights of bondholders; enforcement.

Any holder of any bonds issued under the provisions of Sections 72-14-9 through 72-14-28 NMSA 1978 except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any rights granted hereunder or under such resolution and may enforce and compel performance of all duties required by those sections or by such resolution to be performed by the commission. The state pledges and agrees that while any bonds issued by the commission remain outstanding, the powers, duties or existence of the commission or any official or agency of the state and the distribution of revenues pledged to payment of the bonds to the commission shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. The commission is authorized to include this pledge and agreement of the state in any agreement with the holders of the bonds.
History:
1953 Comp., § 75-34-22, enacted by Laws 1955, ch. 266, § 14; 1997, ch. 241, § 13; 1997, ch. 246, § 13.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading, substituted "Sections 72-14-9 through 72-14-28 NMSA 1978" for "this act or any of the coupons attached thereto", in the first sentence, in the second sentence inserted "The state pledges and agrees that" at the beginning, and "and the distribution of revenues pledged to payment of the bonds to the commission" near the middle, added the last sentence, and made minor stylistic changes.
Laws 1997, ch. 241, § 13 and Laws 1997, ch. 246, § 13, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 13.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 330 to 340.
94 C.J.S. Waters § 259.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-24 - Purpose of act.

This amendatory act [72-14-23, 72-14-24 NMSA 1978] is passed by the legislature knowing that the powers its [it] confers on the interstate stream commission are broad. It is therefore in order that the legislature declare that its policy is not that the state interstate stream commission should construct or repair irrigation works now owned or which will revert to private individuals or corporations, under the powers granted by this amendment, unless the individuals or stockholders of such corporations are also all owners of land under the irrigation works and users of water supplied by it for agricultural or domestic uses, and the works will result in a substantial conservation of water.
History:
1953 Comp., § 75-34-23.1, enacted by Laws 1959, ch. 276, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-24.1 - Acequia and community ditch infrastructure fund; created.

A. The "acequia and community ditch infrastructure fund" is created in the state treasury and shall be administered by the interstate stream commission. The fund consists of money transferred from the New Mexico irrigation works construction fund and interest accruing to the fund. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the interstate stream commission or the director's authorized representative. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall revert to the New Mexico irrigation works construction fund.
B. Money in the fund is appropriated to the interstate stream commission to:
(1) provide funding to acequias or community ditches for planning, engineering design or construction of irrigation works, and infrastructure projects, including dams, reservoirs, diversions, ditches, flumes or other appurtenances for the purposes of restoration, repair, disaster response recovery and hazard mitigation, improvement of irrigation efficiency and protection from floods; and
(2) match or meet cost share requirements of other state and federal funding programs.
C. The interstate stream commission shall:
(1) consult with the acequia commission and the New Mexico acequia association to develop:
(a) guidelines and criteria for funding eligibility; provided that no local cost share shall be required;
(b) applications; and
(c) selection requirements with a prioritization on project readiness and need;
(2) review acequia or community ditch plans and specifications;
(3) inspect completed projects; and
(4) report biannually to the acequia commission on the progress of projects funded through the fund and the expenditure of money from the fund.
D. As used in this section, "fund" means the acequia and community ditch infrastructure fund.
History:
Laws 2019, ch. 169, § 1; 2023, ch. 38, § 1.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, amended the acequia and community ditch infrastructure fund to allow funding for disaster response, recovery and hazard mitigation and cost share requirements of state and federal funding programs; in Subsection B, Paragraph B(1), after "provide funding", added "to acequias or community ditches", after "construction of irrigation works", deleted "of acequias or community ditches" and added "and infrastructure projects", after "repair", added "disaster response, recovery and hazard mitigation", and added Paragraph B(2); and in Subsection C, Subparagraph C(1)(a), after "criteria for", deleted "program" and added "funding", and after "eligibility", added "provided that no local cost share shall be required", in Subparagraph C(1)(c), after "selection requirements", added "with a prioritization on project readiness and need", deleted former Paragraph C(2).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-25 - [Adjustment of plans and operations to facilitate federal aid to project.]

For the purpose of obtaining financial aid from the United States of America, the commission may adjust the plans and operation of any project, created under this act [72-14-9 to 72-14-23, 72-14-25 to 72-14-28 NMSA 1978], to conform to the laws and regulations of the federal government and the supervision of any board, bureau or commission constituted under such authority, and may exercise such powers whenever conferred.
History:
1953 Comp., § 75-34-24, enacted by Laws 1955, ch. 266, § 16.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 415.
93 C.J.S. Waters § 169.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-26 - Disposition of water for public, domestic, industrial and other uses; reconveyance to grantors.

In addition to the powers conferred upon the commission to sell, lease and otherwise dispose of waters for the purpose of irrigation, development of power, watering of stock or other purposes, the commission shall have power to sell, lease and otherwise dispose of waters from its waterworks systems for public, domestic, industrial and other uses and for fire protection. The commission, after the discharge of all of the bonds issued by the commission to finance the construction or acquisition of any works, except for hydrographic surveys used by the state engineer for determining water rights, and of all interest thereon and costs and expenses incurred in connection with any action or proceeding by or on behalf of the holders of such bonds, shall reconvey the same to the grantors thereof.
History:
1953 Comp., § 75-34-25, enacted by Laws 1955, ch. 266, § 17; 1997, ch. 241, § 14; 1997, ch. 246, § 14.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading, substituted "protection" for "prevention" at the end of the first sentence, and made a minor stylistic change.
Laws 1997, ch. 241, § 14 and Laws 1997, ch. 246, § 14, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 14.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waterworks and Water Companies § 4.
93 C.J.S. Waters § 38.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-27 - [Liberal construction of act.]

This act [72-14-9 to 72-14-23, 72-14-25 to 72-14-28 NMSA 1978], being necessary for the welfare of the state and its citizens, shall be liberally construed to effect the purposes hereof.
History:
1953 Comp., § 75-34-26, enacted by Laws 1955, ch. 266, § 18.
ANNOTATIONS
Loan to an artesian conservancy district
of funds which would in turn be loaned to landowners for water conservation work within the district is authorized under this act. 1958 Op. Att'y Gen. No. 58-169.