Chapter 72 — Chapter 72

projects.] The state engineer is hereby authorized and empowered to cooperate with the federal reclamation service or any other federal agency, in the making of hydrographic surveys upon any stream system which includes a federal irrigation or drainage project. History: Laws 1919…

surveys; suits to determine right of appropriation.] Upon the completion of the hydrographic survey of any stream system, the state engineer shall deliver a copy of so much thereof as may be necessary for the determination of all rights to the use of the waters of such system tog…

engineer; copies as evidence.] All reports of hydrographic surveys of the waters of any stream system, or parts thereof, and other surveys heretofore or hereafter made by the state engineer, or under his authority, or by any engineer of the United States, or any other engineer, i…

hydrographic survey; jurisdiction; unknown claimants. In any suit for the determination of a right to use the waters of any stream system, all those whose claim to the use of such waters are of record and all other claimants, so far as they can be ascertained, with reasonable dil…

or referee.] In any suit concerning water rights, or in any suit or appeal provided for in this article, the court may in its discretion submit any question of fact arising therein to a jury, or may appoint a referee or referees to take testimony and report upon the rights of the…

contents of decree.] Upon the adjudication of the rights to the use of the waters of a stream system, a certified copy of the decree shall be prepared and filed in the office of the state engineer by the clerk of the court, at the cost of the parties. Such decree shall in every c…

water supply system.] Each board of county commissioners of any of the several counties of the state, in addition to all other powers vested in it, is empowered to acquire, by purchase or exchange upon such terms and conditions and in such manner as a commission may deem proper a…

state engineer; exception.] In all cases where the rights of owners of land in this state to which water rights on interstate streams are appurtenant have been the subject of litigation in the state or federal courts of an adjoining state, it shall be the duty of the state engine…

purpose.] The board of county commissioners of any county may under the provisions of this 1959 act [72-4-2 to 72-4-12 NMSA 1978], establish a county water supply system, which shall be located within this state and within the county, for the purpose of supplying water to the inh…

The board of county commissioners in each county within the state is authorized to issue water revenue bonds of the county for the purpose of paying the cost of property acquired under the provisions of Sections 72-4-2 through 72-4-12 NMSA 1978 and for the construction of a water…

limitations.] The principal of and interest on any bonds issued under the authority of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be secured by a pledge of the revenues out of which such bonds shall be made payable, and may be secured by a mortgage covering all or any part…

Prior to supplying any water, the board of county commissioners must determine and find the following: the amount necessary in each year to pay the principal of and the interest on the water revenue bonds proposed to be issued to finance such system; the amount necessary to be pa…

of acquiring system.] The proceeds from the sale of any water revenue bonds issued under authority of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be applied only for the purpose for which the bonds were issued; provided, however, that any accrued interest and premiums recei…

No county that undertakes to acquire or establish a water supply system under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a water supply system. The enti…

Water revenue bonds issued under the provisions of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be legal investments for savings banks and insurance companies organized under the laws of this state. History: 1953 Comp., § 75-4-1.8, enacted by Laws 1959, ch. 286, § 8.

Chapter 72, Article 4A NMSA 1978 may be cited as the "Water Project Finance Act". History: Laws 2001, ch. 164, § 1; 2011, ch. 64, § 1.

The board shall report to the legislature no later than December 1 of each calendar year the total expenditures from the water project fund, their purposes, an analysis of the accomplishments of the expenditures and recommendations for legislative action. History: Laws 2001, ch. …

The legislative authorization for a qualifying entity to receive a grant or loan from the water project fund for a project is void three years after that authorization is given, but this provision does not prohibit the legislature from authorizing a project that was previously au…

A. The legislature finds that: (1) New Mexico is in a desert where water is a scarce resource; (2) the economy depends on reasonable and fair allocation of water for all purposes; (3) the public welfare depends on efficient use and conservation of water; (4) New Mexico must compl…

As used in the Water Project Finance Act: A. "authority" means the New Mexico finance authority; B. "board" means the water trust board; C. "political subdivision" means a municipality, county, land grant-merced controlled and governed pursuant to Sections 49-1-1 through 49-1-18 …

A. The "water trust board" is created. The board is composed of the following sixteen members: (1) the state engineer or the state engineer's designee; (2) the secretary of finance and administration or the secretary's designee; (3) the executive director of the New Mexico financ…

The board shall: A. adopt rules governing terms and conditions of grants or loans recommended by the board for appropriation by the legislature from the water project fund, giving priority to projects pursuant to Section 1 [72-4A-7.1 NMSA 1978] of this 2026 act; B. authorize qual…

A. The board, in conformance with the state water plan and pursuant to the provisions of the Water Project Finance Act, shall prioritize the planning and financing of water projects required to implement the plan. B. The board shall identify opportunities to leverage federal and …

A. The authority shall: (1) provide staff support for the board; (2) develop application procedures and forms for qualifying entities to apply for grants and loans from the water project fund; and (3) make loans or grants to qualifying entities for qualifying water projects pursu…

A. Grants and loans shall be made only to qualifying entities that: (1) agree to operate and maintain a water project so that it will function properly over the structural and material design life; (2) require the contractor of a construction project to post a performance and pay…

A. The board shall prioritize projects based on the following criteria: (1) urgency of need, as identified in a regional water planning area with a completed regional water plan accepted by the interstate stream commission; (2) availability of federal or local matching contributi…

A. The "water trust fund" is created in the state treasury. The fund shall consist of money appropriated, donated or otherwise accrued to the fund. Money in the fund shall be invested by the state investment officer as land grant permanent funds are invested pursuant to Chapter 6…

A. The "water project fund" is created in the authority and shall consist of distributions made to the fund from the water trust fund and payments of principal of and interest on loans for approved water projects. The fund shall also consist of any other money appropriated, distr…

The "acequia project fund" is created in the state treasury. The fund shall consist of money appropriated, donated or otherwise accrued to the fund. The fund shall be administered by the authority. Income from investment of money in the acequia project fund shall be credited to t…

This act [72-4B-1 to 72-4B-4 NMSA 1978] may be cited as the "Water Data Act". History: Laws 2019, ch. 147, § 1.

As used in the Water Data Act: A. "agencies" means: (1) the bureau of geology and mineral resources of the New Mexico institute of mining and technology; (2) the interstate stream commission; (3) the office of the state engineer; (4) the department of environment; and (5) the ene…

annual plan. A. By January 1, 2020, the agencies, as convened by the bureau of geology and mineral resources of the New Mexico institute of mining and technology, shall: (1) identify key water data, information and tools needed to support water management and planning; (2) develo…

The board of regents of the New Mexico institute of mining and technology shall establish a "water data account" to receive appropriations from the legislature and gifts, grants or donations for the bureau of geology and mineral resources to carry out the purposes of the Water Da…

Any person, association or corporation, public or private, the state of New Mexico or the United States of America, except as provided in Section 15 [72-5-33 NMSA 1978] of this act, hereafter intending to acquire the right to the beneficial use of any waters, shall, before commen…

When the works are found in satisfactory condition, after inspection, the state engineer shall issue his certificate of construction, setting forth the actual capacity of the works and such limitations on the water right as shall be warranted by the condition of the works, but in…

If the state engineer shall in the course of his duties find that any works constructed for the storage, diversion or carriage of water are unsafe and a menace to life or property, he shall at once notify the owner or agent, specifying the changes necessary and allowing a reasona…

Any owner of works for the diversion, storage, carriage or impoundment of water, his agent or employees, who, following notice to place such works in a safe condition as provided in Section 72-5-11 NMSA 1978, fails to take action specified by the state engineer within the time al…

On or before the date set for the application of the water to a beneficial use, the state engineer shall cause the works to be inspected, after due notice to the owner of the permit. Upon the completion of such inspection, the state engineer shall issue a license to appropriate w…

The state engineer shall have the power to grant extensions of time in which to complete construction of works, to apply water to beneficial use and for such other reasonable purpose as may in his opinion appear, under any water right application on file in his office, upon prope…

lien for costs.] Whenever in accordance with the provisions of this article, any person, firm, association or corporation shall enlarge an existing canal, acequia, reservoir or other works, in order to use the same in common with the former owner, such person, firm, association o…

All liens on land, provided for in this article shall be superior in right to all mortgages or other encumbrances placed upon the land and the water appurtenant thereto or used in connection therewith. History: Laws 1907, ch. 49, § 52; Code 1915, § 5711; C.S. 1929, § 151-164; 194…

The owner or owners of any works for the storage, diversion or carriage of water who may make application to store or carry water in excess of their needs for irrigation or other beneficial use, shall be required, as trustee of such right, to deliver such surplus at reasonable an…

A. In the issuance of permits to appropriate water for irrigation or in the adjudication of the rights to the use of water for that purpose, the amount allowed shall be based upon beneficial use and in accordance with good agricultural practices and the amount allowed shall not e…

The standard of measurement of the flow of water shall be the cubic foot per second of time; the standard of measurement of the volume of water shall be the acre-foot, being the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand five hundred an…

None of the provisions of the preceding section [72-5-1 NMSA 1978] or Section 72- 2-6 NMSA 1978 shall apply to community ditches which are already constructed. History: Laws 1913, ch. 62, § 3; Code 1915, § 5679; C.S. 1929, § 151-130; 1941 Comp., § 77-502; 1953 Comp., § 75-5-2.

Every ditch owner shall, when requested to do so by the state engineer, construct and maintain a substantial headgate at the point where the water is diverted, and shall construct a measuring device, of a design approved by the state engineer, at the most practical point or point…

copies.] All permits, decrees and documents granting, defining or limiting water rights and rights of owners of canals, reservoirs and works for conducting, storing or appropriating water in this state shall be recorded in the office of the county clerk of the county in which the…

Any permit or license to appropriate water may be assigned, but no such assignment shall be binding, except upon the parties thereto, unless filed for record in the office of the state engineer. The evidence of the right to use water from any works constructed by the United State…

All water used in this state for irrigation purposes, except as otherwise provided in this article, shall be considered appurtenant to the land upon which it is used, and the right to use it upon the land shall never be severed from the land without the consent of the owner of th…

An appropriator of water may, with the approval of the state engineer, use the same for other than the purpose for which it was appropriated or may change the place of diversion, storage or use in the manner and under the conditions prescribed in Sections 72-5-3 and 72-5-23 NMSA …