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Show Chapter 31. NEW MEXICO CONTENTS Page 1. Development of New Mexico Water Law_______________________ 511 2. State Organizational Structure for Water Administration and Control__ 512 2.1 Administration of Water Rights_______________________ 512 2.2 Resolution of Water Use Conflicts_____________________ 513 2.3 Other Agencies Having Water Resource Responsibilities_____ 514 3. Surface Waters____________________________________________ 515 3.1 Method of Acquiring Rights_________________________ 515 3.2 Nature and Limit of Rights__________________________ 518 3.3 Changes, Sales, and Transfers________________________ 520 3.4 Loss of Rights____________________________________ 521 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 522 3.6 Springs__________________________________________ 522 3.7 Diffused Surface Waters_____________________________ 523 4. Ground Water____________________________________________ 523 Publications Available________________________________________ 525 DISCUSSION 1. Development of New Mexico Water Law New Mexico was established as a territory in 1850. However, as early as 1846, the Kearny code, which was promulgated by General 5. W. Kearny during the war with Mexico, provided that the laws theretofore existing concerning watercourses should continue in force. This action was followed by early territorial legislation which had the effect of establishing the appropriation doctrine.1 Likewise, the territorial supreme court ruled that the law of prior appropriation existed under the Mexican Kepublic at the time of the acquisition of New Mexico and was the settled law of the territory.2 Further, the New Mexico court has consistently declared that the riparian doctrine was never in force in New Mexico.3 It was ob- served in one decision that the appropriation doctrine grew out of the conditions in the area and resulted from the necessities of its inhabitants.4 New Mexico was admitted into the Union in 1912. The State con- stitution recognizes all existing rights to the use of water for any beneficial purpose; declares that the unappropriated water of every natural stream belongs to the public and is subject to appropriation; and provides that beneficial use shall be the basis, the measure, and the limit of the right to use water.5 Ground water in underground streams, channels, artesian basins, reservoirs, or lakes having reasonably ascertainable boundaries, was iHutchins, The New Mexico Law of Water Rights, 1, 8 (1955). 2 United States v. Bio Grande Dam & Irr. Co., 9 N.M. 292, 51 Pac. 674 (1898). aTrambley v. Luterman, 6 N.M. 15, 27 Pac. 312 (1891) ; Hagerman Irr. Co. v. Mc- Murry, 16 N.M. 172, 133 Pac. 823 (1911). *8now v. Aoalos, 18 N.M. 681, 140 Pac. 1044 (1914). 5 New Mexico const., art. XVI. 511 |
