2018 New Mexico Statutes
Chapter 72 - Water Law
Article 14 - Interstate Stream Commission; Protection of Interstate Streams
Section 72-14-1 - Interstate stream commission; creation; membership; organization.
There is created the "interstate stream commission" consisting of nine members, eight appointed by the governor for a term of six years and the ninth member to be the state engineer. The members appointed by the governor shall be representative of major irrigation districts or sections, and no two members shall be appointed from the same irrigation district or section. The governor shall appoint at least one member of a New Mexico Indian tribe or pueblo to the commission. The commission shall elect a chairman, and the state engineer shall be the secretary.
History: Laws 1935, ch. 25, § 1; 1939, ch. 35, § 1; 1941, ch. 111, § 1; 1941 Comp., § 77-3301; Laws 1943, ch. 26, § 1; 1953 Comp., § 75-34-1; Laws 1963, ch. 14, § 1; 1977, ch. 254, § 95; 1982, ch. 10, § 7; 2003, ch. 165, § 1.
Cross references. — For powers and duties under Water Research, Conservation and Development Act, see 75-2-4, 75-2-5 NMSA 1978.
The 2003 amendment, effective July 1, 2003, inserted the third sentence.
The 1982 amendment deleted the former last sentence, which read "The commission shall, for purposes of administration, execute all functions vested in it within the division of water resources."
Construction in pari materia. — This section creates an agency with authority to institute, in the name of the state, legal proceedings invoking state's power of eminent domain for conservation, protection and development of public waters of the state, and their application to beneficial uses and because the Water Code (Section 72-1-1 NMSA 1978 et seq.) had the latter purposes, the statutes must be deemed in pari materia. State ex rel. Red River Valley Co. v. Dist. Ct., 1935-NMSC-085, 39 N.M. 523, 51 P.2d 239.
Public use of private property. — Taking private property by commission for impounding waters of river by dam or reservoir is for public use. State ex rel. Red River Valley Co. v. Dist. Ct., 1935-NMSC-085, 39 N.M. 523, 51 P.2d 239.
Remedying past failures to perform. — There is nothing in the nature of compacts generally or of this compact in particular that counsels against rectifying a failure to perform in the past as well as ordering future performance called for by the 1949 Pecos River Compact. Tex. v. N.M., 482 U.S. 124, 107 S. Ct. 2279, 96 L. Ed. 2d 105 (1987).
The matter of remedying past water shortages caused by New Mexico's underdeliveries was returned to a special master for such further proceedings as he deemed necessary and for his ensuing recommendation as to whether New Mexico should be allowed to elect a monetary remedy and, if so, to suggest the size of the payment and other terms that the state must satisfy. Tex. v. N.M., 482 U.S. 124, 107 S. Ct. 2279, 96 L. Ed. 2d 105 (1987).
Good faith belief in compliance. — New Mexico's good faith belief that it was complying with the 1949 Pecos River Compact would not permit the state to escape liability for what had been adjudicated to be past failures to perform its duties under the compact. Tex. v. N.M., 482 U.S. 124, 107 S. Ct. 2279, 96 L. Ed. 2d 105 (1987).
Commission is empowered to take over and maintain Conchas dam project. 1935-36 Op. Att'y Gen. No. 36-1343.
Law reviews. — For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).
For article, " 'Whisky's fer Drinkin'; Water's fer Fightin'!' " Is it? Resolving a Collective Action Dilemma in New Mexico," see 43 Nat. Resources J. 185 (2003).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 3, 309 to 315.
93 C.J.S. Waters § 170; 94 C.J.S. Waters § 315.
