This Chapter 72 concerns Water Law and covers ownership and appropriation of water, the State engineer, surface and groundwater rights, interstate waters, water planning, and flood control. Article 1 declares natural waters flowing in streams and watercourses as public waters subject to appropriation for beneficial use. This Article focuses on: changes in ownership of water rights; domain for reservoirs, canals, ditches, pipelines and similar water infrastructure; limited rights of travellers to obtain water; protection of water points used by livestock and wildlife; long-term water development planning by municipalities, counties, schools, universities and community water systems; Indian water-right settlements and their financing. Article 2 establishes the New Mexico State Engineer as the institutional and administrative centre of the water-Law system. Article 3 provides the territorial and operational machinery for distributing water. Article 4 provides mechanisms associated with determining and recording water rights through judicial proceedings. Further articles concern: establishment of mechanisms for financing water-related projects and infrastructure; development and coordination of water information and data; permit system for acquiring and administering surface-water rights; groundwater storage and recovery; leasing of water rights; enforcement provisions and penalties for violations of statutory water requirements under Water Act 1907; community-related uses of water and local rights; legal matters concerning salt lakes and their resources. Article 12 focuses on groundwater appropriation and administration and concerns underground water basins, drilling and use of wells, changes and transfers in groundwater rights, domestic wells and other specialised well categories. Article 12 A regulates water removed in connection with mining operations, groundwater extraction and protection of existing rights. Article 12 B concerns export or use of New Mexico water outside the State. Article 12 C provides for a strategic water supply, reflecting an attempt to address water scarcity and future supply requirements through designated water-resource arrangements. Furthermore, this Chapter concerns the following matters: artesian wells and artesian groundwater basins; establishment of Interstate Stream Commission, as an institution for the development and conservation of New Mexico's water resources; water planning through the Water Security Planning Act; implementation of numerous interstate water compacts; establishment of institutional powers and financing mechanisms for controlling flooding in the Albuquerque and Las Cruces metropolitan areas, in Southern Sandoval and Eastern Sandoval Counties.
United States of America · 1907-01-01