2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 53 - Waters; Regulation of Use
Section 3-53-1 - Regulation of watercourses, ponds, wells and cisterns.
A municipality may:
A. deepen, widen, dock-cover, wall, alter or change the channel of watercourses;
B. cleanse and purify waters, watercourses and canals;
C. drain or fill ponds on private property to prevent or abate nuisances;
D. construct, repair and regulate the use of vaults, cisterns, hydrants, pumps, bridges, viaducts, tunnels and wells; and
E. regulate and authorize the construction of any ditch carrying water on, through or across any street.
History: 1953 Comp., § 14-54-1, enacted by Laws 1965, ch. 300.
ANNOTATIONSCross references. — For power of municipality to open, construct, repair, keep in order and maintain water mains, laterals, reservoirs, standpipes, sewers and drains, see 3-18-25, 3-49-5 NMSA 1978.
For powers of municipalities regarding water facilities, see 3-27-1 NMSA 1978 et seq.
For metropolitan water boards, see 3-61-1 NMSA 1978 et seq.
For waterworks companies, see 62-2-1 NMSA 1978 et seq.
For community springs or tanks, see 72-10-1 NMSA 1978 et seq.
For public reservoirs, see 72-10-4 NMSA 1978 et seq.
Legislative intent. — The legislature did not intend, by implication, to empower cities to condemn, for street purposes, acequias used for irrigation purposes. Albuquerque v. Garcia, 1913-NMSC-006, 17 N.M. 445, 130 P. 118.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of rule of assessment for drainage improvement, 2 A.L.R. 625.
Overflow caused by diverting stream into new channel, 12 A.L.R. 187.
Percolation or seepage from ponded water, municipal liability for injury by, 38 A.L.R. 1248.
Constitutionality and construction of statutes and ordinances for protection of municipal water supply, 72 A.L.R. 673.
Validity, construction, and effect of statute, ordinance, or other measure involving chemical treatment of public water supply, 43 A.L.R.2d 453.
Bathing, swimming, boating, fishing, or the like, prohibition or regulation to protect public water supply, 56 A.L.R.2d 790.
Pipeline, municipal liability for damage by water escaping from, 20 A.L.R.3d 1294.
63 C.J.S. Municipal Corporations §§ 1049, 1051, 1053; 64 C.J.S. Municipal Corporations § 1807.
