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<br />. OO~2~3 <br /> <br />Attachment No. 9 <br /> <br />WATER MANAGEMENT IN' NEW MEXICO <br />Presented to <br />Western States Water Council <br />February 19, 1966 <br /> <br />Introduction <br /> <br />An orderly treatment of the subject of water management <br /> <br />in New Mexico requires at the outset some discussion of the <br /> <br />fundamental law governing the use of water in the state. <br /> <br />New Mexico's water law is based on the doctrine of prior <br /> <br />appropriation. Our constitution provides that beneficial use <br /> <br />is the basis, the measure and the limit of the right to the <br /> <br />use of the public waters and that priority in time of appropri- <br /> <br />ation gives the better right. All of the ground waters and <br /> <br />surface waters of the state belong to the public and are subject <br /> <br />to appropriation in accordance with law under supervision of <br /> <br />the State Engineer. <br /> <br />Our surface water code, which was enacted in essentially <br /> <br />its present form in 1907, gives the State Engineer general <br /> <br />supervision of the measurement and apportionment of the surface <br /> <br />waters of the state. The law makes it illegal to initiate <br /> <br />the construction of works for the diversion or storage of water <br /> <br />or to r.hange the point of diversion or place or purpose of <br />