2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 1 - Artesian Conservancy Districts
Section 73-1-1 - [Purpose of districts.]
The purpose of this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978] is to provide for the organization of artesian conservancy districts to conserve, where necessary, the waters in any artesian basin or basins within the state, the boundaries of which have been scientifically determined by investigations, and where such waters have been beneficially appropriated for private, public, domestic, commercial or irrigation purposes, or otherwise.
History: Laws 1931, ch. 97, § 1; 1941 Comp., § 77-1301; 1953 Comp., § 75-13-1.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The term "this act" means Laws 1931, Ch. 93, §§ 1 to 23, compiled as 73-1-1 to 73-1-13, 73-1-16 to 73-1-23 NMSA 1978.
Cross references. — For supervision of artesian waters generally, see 72-13-2 NMSA 1978.
"Conserve" connotes a saving or preserving from loss. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.
District has standing and duty to sue. — When a vested water right of the owners of the district is in question, the district has not only standing but a duty to participate in litigation affecting those rights. As conservancy district is the owner of water rights, it is incumbent upon it to assert any position it feels affects those rights, and it may sue and defend for its water users in a representative capacity where such water users have a common or general interest in the subject matter of the suit. State ex rel. Reynolds v. Lewis, 1973-NMSC-035, 84 N.M. 768, 508 P.2d 577.
Enjoining unauthorized water use. — Though an artesian conservancy district owned no land serviced by waters of an artesian basin and no water rights, it constituted a proper party plaintiff for maintaining a suit to enjoin the use of water from an unauthorized well. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490).
Decree binding on district users. — Action to enjoin use of water from an unauthorized well is of the nature of suit to quiet title, and the decree is binding on all water users within the conservancy district, notwithstanding none as individuals were parties to suit; district is authorized agent of all its water users. Pecos Valley Artesian Conservancy Dist. v. Peters, 1948-NMSC-022, 52 N.M. 148, 193 P.2d 418.
Excessive water use by individual landowner would constitute wasteful practice in derogation of the best interests of the entire conservancy district, presenting a proper subject for action by the board of directors of the district. 1952 Op. Att'y Gen. No. 52-5487.
Law reviews. — For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 155 to 175, 319 (3); 78 Am. Jur. 2d Waterworks § 25.
Right to conduct and use artesian water out of artesian basin, 31 A.L.R. 906.
Subterranean and percolating waters; springs; wells, 109 A.L.R. 395.
Water as within term "minerals" in deed, lease, or license, 148 A.L.R. 780.
Liability for obstruction or diversion of subterranean waters in use of land, 29 A.L.R.2d 1354.
Liability for pollution of subterranean waters, 38 A.L.R.2d 1265.
93 C.J.S. Waters §§ 92, 194.
