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Show 512 NEW MEXICO subsequently declared by the legislature to be public water and sub- ject to appropriation for beneficial use.6 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Bights The State engineer is the State officer charged with administrative responsibility relating to the appropriation, distribution, and adjudi- cation of water rights in New Mexico. Before commencing construc- tion, anyone who intends to acquire the right to the beneficial use of water shall first make application to the State engineer for a permit to appropriate the water. Also, changes in the manner of use of an existing right must be approved by the engineer. After the approval of an application to appropriate, the applicant must proceed dili- gently to put the water to beneficial use. Upon completion of the project, the engineer issues a certificate defining the right acquired.7 The State engineer also has supervision over the apportionment of waters to the various users. In order to assure an economical and satisfactory apportionment of water, he may divide the State into water districts and, upon application of a majority of users within the district, may appoint a watermaster.8 However, if the engineer finds that the public safety requires it, he may appoint a temporary or permanent watermaster without application from the water users. In order to facilitate the distribution of a stream, the engineer may require the installation of headgates and measuring devices.9 New Mexico has a statutory procedure for adjudication of water rights. The State engineer prepares a hydrographic survey of the stream system involved and delivers it, along with all other data, to the attorney general, who initiates an action to determine the rights of the various users.10 The State engineer may adopt regulations to implement and en- force any provision of any law administered by him.11 He is em- powered to appoint hearing examiners, and either the engineer or any duly appointed hearing examiner is empowered to subpoena witnesses. A hearing is held either by the engineer or his hearing examiner, and an appeal therefrom may be taken to the district court.12 The State engineer may seek injunctive relief against anyone who seeks to construct works and use water without a valid water right.13 Also, it is a misdemeanor to construct works for the use of water without first obtaining a permit to appropriate the water, or to damage any works of others used for the conveyance of water, or to interfere with any person engaged in the discharge of his official duties.14 8 New Mexico Stat., sec. 75-11-1. f New Mexico Stat., sees. 75-5-1 to 75-5-37 ; 75-2-9. 8 New Mexico Stat., sees. 75-3-1 to 75-3-5. 9 New Mexico Stat., sec. 75-5-19. 10 New Mexico Stat., sees. 75-4-2 to 75-4-8. 11 New Mexico Stat., sec. 75-2-8. 12 New Mexico Stat., sees. 75-2-12 to 75-2-16. 13 New Mexico Stat., sees. 75-5-37, 75-7-1 ; 75-11-16. "New Mexico Stat., sees. 75-7-1, 75-7-3. |
