2018 New Mexico Statutes
Chapter 73 - Special Districts
Article 2 - Ditches or Acequias
Section 73-2-4 - Preference right for irrigation; obstruction.]
No inhabitant of this state shall have the right to construct any building of the impediment of the irrigation of lands or fields, such as mills or any other property that may obstruct the course of the water; as the irrigation of the fields should be preferable to all others.
History: Laws 1851-1852, p. 189, § 2; C.L. 1865, ch. 1, § 2; C.L. 1884, § 1; C.L. 1897, § 1; Code 1915, § 5734; C.S. 1929, § 151-404; 1941 Comp., § 77-1404; 1953 Comp., § 75-14-4.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For penalty for obstructing use of water, see 72-8-3 NMSA 1978.
City may not condemn community acequia for use as street. — City may not condemn community acequia in actual use for conducting water for irrigation of lands, for use as a street or for widening a street. City of Albuquerque v. Garcia, 1913-NMSC-006, 17 N.M. 445, 130 P. 118.
Equitable relief not always warranted. — Unlawful diversion of water from community acequia or naked trespass unaccompanied with great or irreparable damage or mischief will not warrant equitable relief. La Mesa Cmty. Ditch v. Appelzoeller, 1914-NMSC-033, 19 N.M. 75, 140 P. 1051.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 33.
28 C.J.S. Drains § 78.
