WSP01461 - Laserfiche WebLink

Home Browse Search

I I I I I I I I I I I I I I I I I I I NEW MEXICO WATER LAW Surface Water A comprehensive surface water appropriation statute was adopted in 1907 (N.M.S. ~75-5-1 to 75-5-37) which, with a few amendments, is still the governing law today. This early statute outlines the exclusive procedure for obtaining a surface water right, as was determined in Farmers' Development Co. v. Ragaldo Land and Irrigation Co. (28 N.M. 357, 213 P. 202, 1923). Like Colorado, the courts have held that the common law doctrine of riparian rights has never been applicable in the state. (Trambley v. Luterman, 6 N.M. 15, 27 P. 312, 1891; Hagerman Irri. Co. v. McMurray, 16 N.M. 172, 113 P. 823, 1911) . The state has broadly defined a water course as any river, creek, / arroyo, canyon, draw, or wash, or any other channel having definite banks and bed with visible evidence of the occasional flow of water (N.M.S. ~75-1-1). In the case of Jaquez Ditch Co, v. Garcia (17 N.M. 160, 124 Pac. 891), it was determined that the flow of water need not be continous in order for a chan- nel to constitute a water course. All water in New Mexico used for irrigation purposes (N.M.S. ~75-5-21, 75-5-22), is considered appurtenant to the land upon which it is used and is transferred with the title to the land .unless expressly severed. This policy further restricts the amount of water that might ever become available for other uses. Most of, but not all, the water in New Mexico has been adjudicated. In addition, "Pueblo Water Rights" are recognized. This is the absolute right of an American city as a successor of a Spanish or Mexican pueblo, to use the water which occurs in its boundaries (Cartright v. Public Service Co., 66 N.M. 64, 343 P.3d 654). There have been notable exceptions to this right as determined by the courts however. 0900 54