2024 New Mexico Statutes
Chapter 72 - Water Law
Article 8 - Offenses and Penalties Under Water Act of 1907
Section 72-8-3 - [Interference with use of works; misdemeanor.]

Universal Citation:
NM Stat § 72-8-3 (2024)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

Whenever any appropriator of water has the right-of-way for the storage, diversion or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto. Any violations of this section shall be a misdemeanor.

History: Laws 1907, ch. 49, § 50; Code 1915, § 5709; C.S. 1929, § 151-162; 1941 Comp., § 77-703; 1953 Comp., § 75-7-3.

ANNOTATIONS

Cross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978.

For penalty for interference with community ditch, see 73-2-64 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 359.

Debris or waste, liability for damages from obstruction of stream by, 29 A.L.R.2d 447.

Liability for obstruction or diversion of subterranean waters in use of land, 29 A.L.R.2d 1354.

Liability of landowner for damages caused by overflow, seepage or the like resulting from defect in artificial underground drain, conduit or pipe, 44 A.L.R.2d 960.

Municipality's liability for damage resulting from obstruction or clogging of drains or sewers, 59 A.L.R.2d 281.

Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193.

93 C.J.S. Waters § 135.

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.