2020 New Mexico Statutes
Chapter 72 - Water Law
Article 9 - Application of Water Act of 1907
Section 72-9-2 - [Local or community rules and customs unaffected; authority of state engineer.]

In all cases where local or community customs, rules and regulations have been adopted and are in force and in all cases where such rules and regulations may be adopted from time to time by the majority of the users from a common canal, lateral or irrigation system, and have for their object the economical use of water and are not detrimental to the public welfare, such rules and regulations shall govern the distribution of water from such ditches, laterals and irrigation systems to the persons entitled to water therefrom, and such customs, rules and regulations shall not be molested or changed, unless so desired by the persons interested and using said custom or customs, but nothing in this section shall be taken to impair the authority of the state engineer and water master to regulate the distribution of water from the various stream systems of the state to the ditches and irrigation systems entitled to water therefrom under the provisions of this article.

History: Laws 1907, ch. 49, § 57; Code 1915, § 5715; C.S. 1929, § 151-168; 1941 Comp., § 77-802; 1953 Comp., § 75-8-2.

Compiler's notes. — The 1915 Code compilers substituted the term "this article" for "this act." "This act" would refer to Laws 1907, ch. 49, the provisions of which are presently compiled as 19-7-26, 72-1-1, 72-1-2, 72-1-5, 72-2-1 to 72-2-7, 72-2-9, 72-2-10, 72-3-1 to 72-3-5, 72-4-1, 72-4-13, 72-4-15, 72-4-17 to 72-4-19, 72-5-1, 72-5-3, 72-5-4, 72-5-6 to 72-5-24, 72-5-26 to 72-5-28, 72-5-33, 72-7-1 to 72-7-3, 72-8-1 to 72-8-6, 72-9-1 to 72-9-3 NMSA 1978. "This article" would refer to the same sections and, in addition, to 72-5-2, 72-5-29 to 72-5-31 NMSA 1978.

Cross references. — For the state engineer, see 72-2-1 NMSA 1978.

Authority not impaired. — Nothing in this section shall be taken to impair authority of state engineer and watermaster to regulate distribution of water from various stream systems of state to ditches and irrigation systems entitled to water therefrom. 1953 Op. Att'y Gen. No. 53-5734.

Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 283.

93 C.J.S. Waters § 11.