2018 New Mexico Statutes
Chapter 72 - Water Law
Article 4 - Surveys, Investigations and Adjudication of Rights
Section 72-4-2 - Authority to acquire water rights for development of county water supply system.]
Each board of county commissioners of any of the several counties of the state, in addition to all other powers vested in it, is empowered to acquire, by purchase or exchange upon such terms and conditions and in such manner as a commission may deem proper and to acquire by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use any water rights or any portion thereof within its county limits deemed necessary or proper for public use for the development of a county water supply system. Title to property so acquired or condemned shall be taken in the name of the county.
History: 1953 Comp., § 75-4-1.1, enacted by Laws 1959, ch. 286, § 1.
Condemnation power of board limited. — Power granted boards of county commissioners under this section to condemn property for county water systems is subject to statutory limitations which grant counties the power to condemn property for the use of the county; therefore, counties cannot condemn property on behalf of mutual domestic water and/or sewage associations organized under Sections 3-29-1 to 3-29-19 NMSA 1978. 1967 Op. Att'y Gen. No. 67-50.
Law reviews. — For article, "The Law of Prior Appropriation: Possible Lessons for Hawaii," see 25 Nat. Resources J. 911 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 7.
Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752.
94 C.J.S. Waters § 234.
