2011 New Mexico Statutes
Chapter 3: Municipalities
Article 41: Flood Control, 3-41-1 through 3-41-5
Section 3-41-4: Flood control; right of entry; obstructing.
3-41-4. Flood control; right of entry; obstructing.
A. An employee or representative of a municipality has free and unobstructed ingress and egress on any land or premise if such ingress or egress is necessary to carry out the provisions of Sections 3-41-1 through 3-41-5 NMSA 1978, and is not liable for damages because of such entry except for wanton and malicious injury. Any person obstructing such ingress or egress is guilty of a misdemeanor.
B. If the state engineer files a written objection with the governing body, no dike, embankment, dam, ditch, structure or excavation shall be constructed or maintained in any public stream except in a manner approved by the state engineer.
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