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<br />~ <br /> <br />~...,')/ <br />,f'<'J ' , cJ ! <br />~} <' ~,' ....' <br /> <br />DRAFT <br /> <br />The right to the use of underground water for irrigation purposes <br /> <br />is appurtenant to the land upon which it is used and shall so continue <br /> <br />as long as it is beneficially used or until it is lawfully severed from <br /> <br />the land. Water which is appurtenant to certain lands may be trans- <br /> <br />ferred to other lands or other uses only as provided by law and with the <br /> <br />consent of the owner of the land. <br /> <br />Groundwater outside the boundaries of declared underground water <br /> <br />basins also belongs to the public and is subject to appropriation, but <br /> <br />it may be developed and put to beneficial use without a permit from the <br /> <br />state engineer. <br /> <br />The New Mexico Legislature incorporated into the water code provisions <br /> <br />authorizing the state engineer to accomplish hydrographic surveys and <br /> <br />secure general adjudications of rights to surface and groundwater within <br /> <br />the stat",. Pursuant to this statute, the state engineer has undertal'.en <br /> <br />a larre-scale program of water rights adjudication. <br /> <br />New Mexico water law provides for coordinated administration of <br /> <br />interrelated surface and groundwater supplies. <br /> <br />In New Mexico, thes'ta1:e I.S water prO'gram reflects the recognition of <br /> <br />the need for the development of water for agricultural, municipal and <br /> <br />industrial uses, with attention to the growing demands of water related <br /> <br />recreation. In many areas of the state" growing municipal and industrial <br /> <br />needs can be met only by acquiring.water rights presently being exercised <br /> <br />for irrigation. The statutes, recognizing an intrinsic property of a <br /> <br />water right held under the doctrine of prior appropriation, permit the <br /> <br />change in point of diversion and the change of place and purpose of use <br /> <br />of water rights, if such changes can be accomplished without impairment <br /> <br />of other existing rights. <br /> <br />14. <br />