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Show NEW MEXICO 519 are entitled to use any excess water.75 Further, upstream junior ap- propriators are not liable in damages for downstream senior appro- priator's shortages in the absence of a demand on the State engineer by the senior appropriator for the enforcement of priorities.76 While the owner of an irrigation right is not required to use his water in such a manner that no irrigation runoff reaches lower lands, he is nevertheless responsible for injuries willfully or neg- ligently inflicted by unnecessary use of the water.77 C. RELATION OF WATER TO LAND All water in New Mexico used for irrigation purposes is, by statute, considered appurtenant to the land upon which it is used. But with the consent of the owner, a right may be severed from the land and transferred to other land or other purposes. However, the transfer of title of land carries with it all rights to the use of water appurtenant thereto for irrigation purposes unless the water right is expressly severed in the conveyance or has been previously severed or alienated.78 The statute governing water transfers in New Mexico further provides that, except for rights in storage reservoirs, no right for irrigation purposes shall be transferred apart from the land to which it is appurtenant, except in the manner spe- cifically provided by law. Any permit or license to appropriate water may be assigned, but such assignment shall not be binding upon anyone but the parties unless it is filed in the engineer's office.79 d. TYPES OF USE RECOGNIZED The use of water in New Mexico may be acquired for any beneficial purpose and the category of such uses has not been limited by either statute or court decision.80 The New Mexico court has stated that beneficial uses encompass the use of water for recreation and fishing as well as the traditional beneficial uses recognized through- out the West.81 New Mexico has a statutory provision which allows travelers to take water for their own use and the use of animals under their charge from natural water sources in the State. However, travelers with a large number of animals shall not use the water of any spring without obtaining the consent of the owner, and any such traveler must pay for damage done to any owner's property. Consent must also be obtained to park a trailer adjacent to a source used by wildlife or domestic stock.82 Water may be appropriated for use by another as well as for the appropriator's own use. A corporation which is organized to furnish water for use on the lands of others may appropriate water for such purpose.83 ™ State ex rel. Community Ditches v. Tularosa Community Ditch, 19 N.M. 352, 143 Pac. 207 (1914) ; Worley v. United States Borax and Chemical Corp., 78 N.M. 112, 428 '•KWorley v. United States Borax and Chemical Corp., 78 N.M. 112, 428 P. 2d 651 (1967) " Str'oup v. Frank A. Huobel Co., 27 N.M. 35, 192 Pac. 519 (1920). ™New Mexico Stat, sees. 75-5-21, 75-5-22. to New Mexico Stat., sec. 75-5-21. 80Hutchins, The New Mexico Law of Water Bights, 28 (1955). « State ex rel. State Game Commission v. Red River Valley Co., 51 N.M. 207, 182 P. 2d 421 (1945). 82 New Mexico Stat.. sees. 75-1-4, 75-1-5, 75-1-6. 83 Albuquerque Land d Irr. Co. v. Gutierrez, 10 N.M. 177, 61 Pac. 357 (1900). |
