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......' 0';;) J '3 C), DRAFT III. State of New Mexico A. Acquisition, Adjudication and Administration of Water Rights New' Mexico's constitution recognizes and confirms all existing rights' to the use of any waters for any useful and beneficial purpose. I I Beneficial use is defined as "the basis, the measure, and the limit of the right to the use of water." The constitution further provides that "the unappropriated water of every natural stream, perennial or tor- rentfal, within the state of New Mexico is hereby declared to belong to the public and to be subject to appropriation for beneficial use, in accordance with the laws of the state. Priority of appropriation shall give the better right." The underlying principle is known as the appropriation doctrine of water rights. The New Mexico surface water code, enacted in essentially its present form in 1907, gives the state engineer general supervision of the measurement and apportionment of the surface waters of the state. After March 19, 1907, any right to the use of public waters must be initiated , f by application to the state engineer as provided by statute. The law makes it illegal to initiate the construction of works for the diversion or storage of water, or to change the point of diversion or place or purpose of use of a water right, without the permit of the state engineer. The law requires the publication of notice of application to the state engineer, gives opportunity to protest the granting of an application, and provides for a hearing before the state engineer. Decisions of the state engineer are subject to the District Court. The statutes do not require an application to the state engineer for stock dams whose maximum storage capacity does not exceed 10 acre-feet. The m~ers are, hm~ever, responsible for any detriment or damage to prior water rights which may result from the construction of, and storage of, water in such stock ponds. 12. - i