reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 5A - Ground Water Storage and Recovery › Section 72-5A-16 - Limitation of determination.

Any determination made by the state engineer for purposes of the Ground Water Storage and Recovery Act is not binding in any other proceeding.
History:
Laws 1999, ch. 285, § 16.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 5A - Ground Water Storage and Recovery › Section 72-5A-17 - Delayed implementation.

A governmental entity shall not submit an application pursuant to the Ground Water Storage and Recovery Act and the state engineer shall not process an application, issue a regulation pursuant to that act or implement any part of that act unless the state engineer has been appropriated enough money or has sufficient resources to carry out the provisions of that act.
History:
Laws 1999, ch. 285, § 17.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 6 - Water-Use Leasing › Section 72-6-1 - Short title.

Chapter 72, Article 6 NMSA 1978 may be cited as the "Water-Use Leasing Act".
History:
1953 Comp., § 75-40-1, enacted by Laws 1967, ch. 100, § 1; 2014, ch. 45, § 1; 2014, ch. 48, § 1.
ANNOTATIONS
The 2014 amendment,
effective May 21, 2014, added the NMSA chapter and article for the Water Leasing Act; and at the beginning of the sentence, deleted "This act" and added "Chapter 72, Article 6 NMSA 1978".
Laws 2014, ch. 45, § 1 and Laws 2014, ch. 48, § 1, both effective May 21, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 48, § 1.
See
12-1-8 NMSA 1978.
Law reviews.
— For article, "The Model Water Code, the Wise Administrator and the Goddam Bureaucrat," see 14 Nat. Resources J. 207 (1974).
For article, "Transfer of Water Rights," see 29 Nat. Resources J. 457 (1989).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 6 - Water-Use Leasing › Section 72-6-2 - Definitions.

As used in the Water-Use Leasing Act:
A. "owner" means a person who owns a valid water right;
B. "lessee" means a person who leases the use of water from an owner;
C. "person" means the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any political subdivision or public or private corporation; and
D. "engineer" means the state engineer as appointed in Section 72-2-1 NMSA 1978.
History:
1953 Comp., § 75-40-2, enacted by Laws 1967, ch. 100, § 2.
ANNOTATIONS
State liable for injuries in recreational park.
— Sovereign immunity was waived since the plaintiff was injured by diving off a raft in a lake at a park, even though the original purpose of the lake may have been for storage and diversion of water. Under the lease between the stream commission (owner) and the recreation division (lessee), the park was to be used "for recreational purposes and for no other purpose," and the park was not used for diversion or storage of water at the time of the accident, but was in fact used only for swimming, diving, boating, fishing, and other recreational activities.
Bell v. N.M. Interstate Stream Comm'n
, 1993-NMCA-164, 117 N.M. 71, 868 P.2d 1296, cert. denied, 117 N.M. 121, 869 P.2d 820 (1994).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 6 - Water-Use Leasing › Section 72-6-4 - Lessee's application.

Prior to his use of such water, the lessee shall apply to the state engineer requesting approval for the use and location of use to which such water will be put. The engineer shall prescribe the form of such application and may require any information pertinent to the matter.
History:
1953 Comp., § 75-40-4, enacted by Laws 1967, ch. 100, § 4.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
State engineer is without statutory or regulatory authority to issue preliminary approvals of proposed leases of water rights.
— The legislature has provided standards that the state engineer must follow when considering the approval of proposed leases of water rights and has provided a step by step process of the administrative procedures that a lease application is subject to, including the incorporation of procedural requirements to add public notice and specific timelines to the state engineer's review of these applications, and therefore where the state engineer has approved temporary changes in water use leases on a "preliminary" basis prior to or without a hearing, this practice is without statutory authority. Moreover, state engineer regulations explicitly prohibit changes to point of diversion, place of use, or purpose of use prior to use by a lessee without the opportunity for objections to be considered in a hearing first. The law does not allow for the state engineer to circumvent procedures and protections clearly defined in statute, even if temporary in nature. 2023 Op. Att'y Gen. No. 23-01.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 93 C.J.S. Waters § 180.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 6 - Water-Use Leasing › Section 72-6-5 - Approval.

A. The state engineer shall approve the application if the applicant has reasonably shown that his proposed use and location of use is a beneficial use and:
(1) will not impair any existing right to a greater degree than such right is, or would be, impaired by the continued use and location of use by the owner; and
(2) will not be contrary to the conservation of water within the state or detrimental to the public welfare of the state.
B. In the case of annual allotments of project water leased to a special water users' association from an irrigation district organized pursuant to Chapter 73, Article 10 NMSA 1978, if the state engineer determines that the proposed changes in place and purpose of use and point of diversion comply with the rules established pursuant to Subsection G of Section 73-10-48 NMSA 1978, the board of directors of the irrigation district may approve the application in accordance with the provisions of Section 73-10-48 NMSA 1978.
History:
1953 Comp., § 75-40-5, enacted by Laws 1967, ch. 100, § 5; 1999, ch. 40, § 2; 2003, ch. 369, § 3.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, inserted the designations in Subsection A and added Subsection B.
The 1999 amendment,
effective June 18, 1999, inserted "state" in the introductory language, added the Subsection A designation, and added Subsection B.
State engineer is without statutory or regulatory authority to issue preliminary approvals of proposed leases of water rights.
— The legislature has provided standards that the state engineer must follow when considering the approval of proposed leases of water rights and has provided a step by step process of the administrative procedures that a lease application is subject to, including the incorporation of procedural requirements to add public notice and specific timelines to the state engineer's review of these applications, and therefore where the state engineer has approved temporary changes in water use leases on a "preliminary" basis prior to or without a hearing, this practice is without statutory authority. Moreover, state engineer regulations explicitly prohibit changes to point of diversion, place of use, or purpose of use prior to use by a lessee without the opportunity for objections to be considered in a hearing first. The law does not allow for the state engineer to circumvent procedures and protections clearly defined in statute, even if temporary in nature. 2023 Op. Att'y Gen. No. 23-01.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 261 et seq.
93 C.J.S. Waters § 180.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 6 - Water-Use Leasing › Section 72-6-7 - Appeal.

The final ruling of the engineer on such hearing may be appealed by either the applicant or a protestant. Such appeal shall be governed by the provisions of Section 72-7-1 through Section 72-7-3 NMSA 1978.
History:
1953 Comp., § 75-40-7, enacted by Laws 1967, ch. 100, § 7.
ANNOTATIONS
Cross references.
— For appeal de novo from decision, act or refusal to act of state executive officer or body in matters relating to water rights,
see
N.M. Const., art. XVI, § 5.
For the state engineer,
see
72-2-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 415 et seq.
94 C.J.S. Waters § 229.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 7 - Appeals from State Engineer › Section 72-7-2 - [Duty of state engineer to produce papers and data in case; certified copies.]

It shall be the duty of the state engineer, upon being served with notice of appeal as aforesaid, to forthwith transmit or produce before the district court to which appeal may be taken the papers, maps, plats, field notes and other data in his possession affecting the matter in controversy, or certified copies thereof, which copies shall be admitted in evidence as of equal validity with the originals.
History:
Laws 1907, ch. 49, § 64; Code 1915, § 5722; Laws 1923, ch. 28, § 2; C.S. 1929, § 151-174; 1941 Comp., § 77-602; 1953 Comp., § 75-6-2.
ANNOTATIONS
Cross references.
— 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.
For the state engineer,
see
72-2-1 NMSA 1978.
Section is not jurisdictional.
— The procedures found in this section in no way help to take an administrative case out of the administrative framework; rather, they direct the action of the state engineer after jurisdiction with the district court has already been established.
United Nuclear Corp. v. State ex rel. Martinez
, 1994-NMCA-031, 117 N.M. 232, 870 P.2d 1390.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 327 et seq.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 7 - Appeals from State Engineer › Section 72-7-3 - [Decision of district court; compliance by state engineer; return of papers and data.]

The decision of the district court shall be binding on the state engineer who shall thereafter act in accordance with such decision unless within sixty days after the entry of such decision or judgment of the district court, an appeal shall be taken from the decision of the said district court. Appeals so taken shall be governed by the provisions of Chapter 43 of the Session Laws of 1917 relating to appeals taken from final judgments of the district court. A certified copy of the decision of the court, together with all original papers, maps, plats, field notes and other data transmitted by the state engineer to such court after the final determination of said cause shall be forthwith returned to said state engineer.
History:
Laws 1907, ch. 49, § 65; Code 1915, § 5723; Laws 1923, ch. 28, § 3; C.S. 1929, § 151-175; 1941 Comp., § 77-603; 1953 Comp., § 75-6-3.
ANNOTATIONS
Compiler's notes.
— Laws 1917, ch. 43, referred to in this section, is deemed superseded by the Rules of Appellate Procedure.
See
Rule 12-101 NMRA et seq.
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Time of filing notice of appeal.
— Although a notice of appeal by the state engineer was filed within the time provided in this section, it was not filed within the time provided by the Rules of Appellate Procedure. The appeal was therefor untimely and the court was without jurisdiction to hear it. However, having jurisdiction of an appeal filed by other parties, and there being no prejudice to the parties, the state engineer's motion to be added as a party appellant was granted.
Ensenada Land & Water Ass'n v. Sleeper
, 1988-NMCA-030, 107 N.M. 494, 760 P.2d 787, cert. quashed, 107 N.M. 413, 759 P.2d 200.
Service of notice, formerly.
— Prior to 1923 amendment, notice of filing of petition for removal of appeal pending before commissioners, upon failure to act within ninety days, and application for certiorari, did not have to be served upon interested parties prior to issuance of writ, but only twenty days before pleading required, where service was made in county in which cause was pending.
Orosco v. Gonzales
, 1914-NMSC-038, 19 N.M. 130, 141 P. 617.
Appeals from district court.
— Appeals from the district court arising out of objection to a state engineer permit to transfer water rights under Section 72-7-3 NMSA 1978 are governed by Rule 12-201 NMRA rather than this rule.
Town of Silver City v. Scartaccini
, 2006-NMCA-009, 138 N.M. 813, 126 P.3d 1177.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 629 et seq.
Right of public officer or board to appeal from a judicial decision affecting his or its order or decision, 117 A.L.R. 216.
93 C.J.S. Waters § 203.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 8 - Offenses and Penalties Under Water Act of 1907 › Section 72-8-1 - [Injuring works; interference; misdemeanor; liability for damages; arrest; state engineer and water masters; right to enter private property.]

Any person, association or corporation interfering with or injuring or destroying any dam, headgate, weir, benchmark or other appliance for the diversion, carriage, storage, apportionment or measurement of water, or for any hydrographic surveys, or who shall interfere with any person or persons engaged in the discharge of duties connected therewith, shall be guilty of a misdemeanor, and shall also be liable for the injury or damage resulting from such unlawful act. The state engineer or any authorized assistant shall have power to arrest any person offending against the provisions of this section, and deliver him to the nearest peace officer of the county. It shall be the duty of the person making the arrest to make complaint at once before the court having jurisdiction thereof. The state engineer, the water masters and their authorized assistants, and agents may enter upon private property for the performance of their respective duties, doing no unnecessary injury thereto.
History:
Laws 1907, ch. 49, § 47; Code 1915, § 5706; C.S. 1929, § 151-159; 1941 Comp., § 77-701; 1953 Comp., § 75-7-1.
ANNOTATIONS
Cross references.
— For penalty for violation of this section,
see
72-8-6 NMSA 1978.
For entry on property while making hydrographic surveys,
see
72-4-1 NMSA 1978.
For state engineer,
see
72-2-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 204.
Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193.
93 C.J.S. Waters § 150.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 8 - Offenses and Penalties Under Water Act of 1907 › Section 72-8-2 - [Construction of bridges over ditches; failure of ditch owner to construct; misdemeanor; construction by county commissioners; liability of ditch owner; repair of ditches.]

The owner or owners of any ditch, canal or other structure for carrying or storing water, shall construct a substantial bridge where the same crosses any public road, with a passageway not less than fourteen feet wide; or reconstruct the road in a substantial manner and in a convenient location for public travel. Any violation of the provisions of this section shall be a misdemeanor. The county commissioners shall be authorized to construct such bridge or road, if not built by the owner of the work within three days after the obstruction of the road, and may recover the expense thereof and costs in a civil suit, unless the same shall be paid by the owner of the works within ten days after demand therefor. The county commissioners may make reasonable requirements as to the size and character of such bridges along public highways, or for the necessary reconstruction of roads, and upon failure to comply therewith, may do the necessary work and collect the expense thereof and costs as hereinbefore provided. After the construction of such bridge or road as part of a public highway, the same shall be maintained by the county commissioners. The owner or owners of any ditch, canal or other structure for carrying or storing water shall keep the same in good repair at the crossing of any highway or publicly traveled road or at other places where the water therefrom may flow over or in anywise injure any road or highway; and the commissioners shall require necessary repairs for the protection of the roads to be made or shall make them at the expense of the owners of such works and collect the expense thereof and costs as herein provided.
History:
Laws 1907, ch. 49, § 49; Code 1915, § 5708; C.S. 1929, § 151-161; 1941 Comp., § 77-702; 1953 Comp., § 75-7-2.
ANNOTATIONS
Cross references.
— For penalty for violation of this section,
see
72-8-6 NMSA 1978.
For penalty for flooding highway,
see
67-7-6 and 67-7-7 NMSA 1978.
For construction of bridges by mayordomo,
see
67-7-8 and 73-2-43 NMSA 1978.
For liability for failure to construct good bridge at highway,
see
67-7-9 NMSA 1978.
For obstruction of drainage district ditches,
see
73-7-55 NMSA 1978.
For penalty for injuring conservancy district works,
see
73-17-6 NMSA 1978.
It is duty of acequia owners to build bridges,
and of county commissioners to maintain them. 1917 Op. Att'y Gen. No. 17-2011.
Maintenance or reconstruction.
— When owner of ditch or canal crossing highway has once constructed substantial bridge meeting requirements of county commissioners, maintenance thereafter or reconstructing devolves on commissioners. 1930 Op. Att'y Gen. No. 30-64.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 76.
93 C.J.S. Waters § 186.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 228.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 330.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 12 - Underground Waters › Section 72-12-1.3 - Underground public waters; temporary uses.

If a person, firm, corporation or the state desires to use underground public water in an amount not to exceed three acre-feet for a definite period of not to exceed one year in prospecting, mining or construction of public works, highways and roads or drilling operations designed to discover or develop the natural mineral resources of the state, only the application referred to in Section 72-12-3 NMSA 1978 shall be required. Separate application shall be made for each proposed use, whether in the same or in different basins. Upon the filing of an application, the state engineer shall make an examination of the facts and, if the proposed use will not permanently impair any existing rights of others, the state engineer shall grant the application. If the state engineer finds that the proposed use sought will permanently impair such rights, there shall be advertisement and hearing as provided in the case of applications made under Section 72-12-3 NMSA 1978.
History:
1978 Comp., § 72-12-1.3, enacted by Laws 2003, ch. 298, § 4.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 12 - Underground Waters › Section 72-12-3.1 - Certain ground water; finding; grant of permits; stay; exceptions.

A. The state of New Mexico recognizes that with respect to ground water hydrologically related to the Rio Grande at or below Elephant Butte dam there is a deficiency of hydrologic information, the amount sought to be appropriated in pending applications far exceeds available supplies and the allocation of surface water between the states of New Mexico and Texas needs further clarification.
B. In the interest of ensuring competent administration of the ground water hydrologically related to the Rio Grande at or below Elephant Butte dam, a stay is declared on the granting of permits with respect to all pending and future applications to appropriate unappropriated ground water from aquifers hydrologically related to the Rio Grande at or below Elephant Butte dam. The stay shall be for a period of two years commencing on the effective date of this act.
C. Nothing in this section shall preclude the granting of permits:
(1) to appropriate unappropriated ground water for public health emergencies;
(2) to appropriate unappropriated ground water for domestic, stock water and other uses pursuant to Section 72-12-1 NMSA 1978; or
(3) to replace or change the location of existing wells.
History:
Laws 1984, ch. 113, § 1.
ANNOTATIONS
Stay in grant of ground water appropriation held unconstitutional.
— Two-year stay in the granting of new appropriations of ground water hydrologically related to the Rio Grande at or below Elephant Butte, i.e., the Hueco and Mesilla Basins, has an illegitimate protectionist purpose and is facially unconstitutional as impermissibly burdening interstate commerce.
City of El Paso ex rel. Pub. Serv. Bd. v. Reynolds
, 597 F. Supp. 694 (D.N.M. 1984).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 12 - Underground Waters › Section 72-12-4 - [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.
History:
Laws 1931, ch. 131, § 4; 1941 Comp., § 77-1104; 1953 Comp., § 75-11-4.
ANNOTATIONS
"Based upon".
— Term "based upon" includes entire procedure necessary to accomplish beneficial use of water, initiation of right to final act of irrigating land.
State ex rel. Reynolds v. Mendenhall
, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998.
"Beneficial use" is measure
and limit to right to use of waters covered by this act.
State ex rel. Reynolds v. Mendenhall
, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998.
Section protects rights which were initiated before enactment thereof.
City of Albuquerque v. Reynolds
, 1962-NMSC-173, 71 N.M. 428, 379 P.2d 73.
Rights recognized.
— Section is not limited to recognition of rights to water which had previously been put to beneficial use; it also recognizes rights "based upon application to beneficial use."
State ex rel. Reynolds v. Mendenhall
, 1962-NMSC-173, 68 N.M. 467, 362 P.2d 998.
Sections compared.
— Substance and intent of this section and Section 72-9-1 NMSA 1978 is the same.
State ex rel. Reynolds v. Mendenhall
, 1962-NMSC-173, 68 N.M. 467, 362 P.2d 998.
Only unappropriated waters subject to appropriation.
— State engineer can only grant permits to appropriate waters which are not already appropriated.
Templeton v. Pecos Valley Artesian Conservancy Dist.
, 1958-NMSC-131, 65 N.M. 59, 332 P.2d 465.
Test for establishing water rights
under this section requires the developer to: (1) legally commence drilling a well prior to declaration of the basin; (2) proceed diligently to develop the water pursuant to a plan; and (3) apply the water to beneficial use.
State ex rel. Reynolds v. Rio Rancho Estates, Inc.
, 1981-NMSC-017, 95 N.M. 560, 624 P.2d 502.
Priority of right.
— Landowner who lawfully began developing underground water right and completed it with reasonable diligence acquired water right with priority date as initiation of his work even though lands involved were placed within declared artesian basin before work was finished and water put to beneficial use.
State ex rel. Reynolds v. Mendenhall
, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 261.
93 C.J.S. Waters §§ 183, 184.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 12 - Underground Waters › Section 72-12-6 - [Former declarations valid.]

Declarations heretofore filed in substantial compliance with Section 5 [72-12-5 NMSA 1978] hereof shall be recognized as of the same force and effect as if filed after the taking effect of this act [72-12-1 to 72-12-10 NMSA 1978].
History:
Laws 1931, ch. 131, § 6; 1941 Comp., § 77-1106; 1953 Comp., § 75-11-6.