2018 New Mexico Statutes
Chapter 72 - Water Law
Article 5 - Appropriation and Use of Surface Water
Section 72-5-8 - Construction of works; additional time.
Construction of works shall be diligently prosecuted in order that the project may be completed within the time limit set by the state engineer in the permit, provided that the state engineer may upon the request of the applicant allow additional time for the completion of works equal to the time during which work was prevented by acts of God, operation of law or other causes beyond the control of the applicant.
History: Laws 1907, ch. 49, § 29; Code 1915, § 5687; C.S. 1929, § 151-138; Laws 1941, ch. 126, § 11; 1941 Comp., § 77-507; 1953 Comp., § 75-5-7.
Cross references. — For extension of time for construction, see 72-5-14 NMSA 1978.
For the state engineer, see 72-2-1 NMSA 1978.
Financial problems. — Financial inability to prosecute work required, under permit to appropriate water, does not justify extension of time by territorial engineer, for completion of the work. Rio Puerco Irrigation Co. v. Jastro, 1914-NMSC-041, 19 N.M. 149, 141 P. 874.
Length of extension. — There is no authority for extending time of completion of construction eleven years. 1919-20 Op. Att'y Gen. No. 20-2470.
Law reviews. — For note, "Appropriation By the State of Minimum Flows in New Mexico Streams," see 15 Nat. Resources J. 809 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 393.
93 C.J.S. Waters § 180.
