2018 New Mexico Statutes
Chapter 72 - Water Law
Article 4 - Surveys, Investigations and Adjudication of Rights
Section 72-4-20 - Water rights on interstate streams in litigation; duty of state engineer; exception.]
In all cases where the rights of owners of land in this state to which water rights on interstate streams are appurtenant have been the subject of litigation in the state or federal courts of an adjoining state, it shall be the duty of the state engineer to assume control of all or any part of such interstate stream and of the diversion and distribution of the waters thereof and to administer the same in the public interest; provided, however, that this section shall not apply to conservancy districts, irrigation districts or federal reclamation projects in this state.
History: Laws 1941, ch. 126, § 26; 1941 Comp., § 77-411; 1953 Comp., § 75-4-11.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
Right to change diversion and storage points. — Since water statutes of Colorado and New Mexico have no extraterritorial effect, water company had right to change places of diversion and storage of water rights adjudicated to certain reservoirs from points in Colorado to points in New Mexico, provided such changes could be effected without injuriously affecting rights of other water users, and it was not necessary to obtain approval of such changes by New Mexico state engineer or Colorado court which entered decree of adjudication. Lindsey v. McClure, 136 F.2d 65 (10th Cir. 1943).
Authority of state engineer limited. — Section negatives any authority in state engineer to exercise control over diversion and storage of water in New Mexico for beneficial use on land situated in Colorado. Lindsey v. McClure, 136 F.2d 65 (10th Cir. 1943).
Injunction against enforcement of order. — Owner of water rights in interstate stream was entitled to injunction against enforcement of state engineer's order made without notice and hearing, which order forbade use of excess storage space of New Mexico reservoir, constructed primarily for storing unappropriated water to irrigate New Mexico land, for initial storage of water attributable to Colorado reservoirs with prior water rights, and to use New Mexico ditch to carry water to Colorado reservoirs, where such use would not affect other water users adversely. Lindsey v. McClure, 136 F.2d 65 (10th Cir. 1943).
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 § 340.
