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Show NEW MEXICO 513 2.2 Resolution of Water Use Conflicts As already mentioned, New Mexico has a statutory procedure for the adjudication of all water rights on a stream system or other source in order to determine all rights in a single action. The State engineer prepares a hydrographic survey and investigates each stream system or other water source. Upon the completion of the hydrographic survey, the engineer delivers a copy, together with all other data in his possession necessary for a determination of the rights from the source involved, to the attorney general who, at the request of the engineer, initiates an action in behalf of the State to adjudicate the rights of the users. In a suit initiated by private parties, the attorney general may intervene in behalf of the State if he is notified by the State engineer that the public interest requires it. Upon completion of the proceedings, the court enters a decree which contains all elements necessary to define the individual water rights.15 The adjudication procedure is all-embracing and has been held to include rights claimed by appropriators from an artesian basin within a river system.18 In a statutory adjudication proceeding, the actual adjudication is made by the court and not the State engineer. The New Mexico Supreme Court has characterized an action to adjudicate water rights as being in the nature of a suit to quiet title to realty.17 Although the statutory adjudication procedure is the principal means of resolving water right disputes, there are additional ways such conflicts can be handled. For example, in order to approve a new application to appropriate water, the State engineer must find that there is unappropriated water in the source.18 This requires an evaluation of existing rights to determine the availability of un- appropriated water. Thus, there are disputes which arise between the applicant and the owners of established rights on a system, and these must be resolved. Initially, this is accomplished by the State engineer, after protests are filed and a hearing held. Any party dis- satisfied with the decision of the State engineer may appeal his decision to the district court for a trial de novo.19 A means is thus provided for the resolution of this type conflict at the time a new right is initiated. However, this does not foreclose subsequent action by the owner of a water right. A water user may maintain an action for damages,20 or seek injunctive relief if his right is impaired.21 The primary emphasis in the development of New Mexico water law has been in the direction of economic utilization of the resource, and water may be appropriated for any recognized beneficial use. In addition to such traditional uses as domestic, irrigation, and stockwatering, the New Mexico Supreme Court has stated that the use of water for recreation and fishing is a beneficial purpose,22 but, 16 New Mexico Stat., Sees. 75-4-2 to 75-4-11. ^State ex rel. Reynolds v. Sharp, 66 N.M. 192, 344 P. 2d 943 (1959). " Peco8 Valley Artesian Conservancy Dist. v. Peters, 52 N.M. 148, 193 P. 2d 418 (1948). 18 New Mexico Stat. sec. 75-5-5. 19 New Mexico Stat., sees. 75-6-1 to 3; New Mexico Const, art. 16, Sec. 5. ™Tevis v. McCrary, 72 N.M. 134, 381 P. 2d 208 (1963). ^Harkey v. Smith, 31 N.M. 521, 247 Pac. 550 (1926). 22 State ex rel. State Game Commission v. Red River Valley Co., 51 N.M. 207, 182 P. 2d 421 (1945). |