Any farmer, mayordomo of acequia or other person having charge of irrigation or drainage waters, who, through neglect, oversight, carelessness or design, shall allow irrigation or drainage waters to flow upon any public highway, so as to hinder, delay or obstruct travel, or any person who, through neglect, oversight, carelessness or design shall allow water to flow from any reservoir, tank or watering trough upon any public highway, so as to hinder, delay or obstruct travel, shall be liable to any person, corporation or copartnership for any delay, deterioration or damage to any field, beast of burden, freight or commodity caused by reason of such water flowing upon the public highway.
History: Laws 1917, ch. 100, § 2; C.S. 1929, § 64-1306; 1941 Comp., § 58-608; 1953 Comp., § 55-6-8.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 312 to 320.
Liability of state, municipality or public agency for vehicle accident occurring because of accumulation of water on street or highway, 61 A.L.R.2d 425.
40 C.J.S. Highways § 218.
Structure New Mexico Statutes
Article 7 - Obstructions and Injuries to Highways
Section 67-7-1 - [Obstructing roads; penalties.]
Section 67-7-2 - [Obstructions and damage to highways and bridges prohibited.]
Section 67-7-3 - [Fords; obstructions and damage; penalties; toll bridges prohibited.]
Section 67-7-4 - [Dams causing overflow or injuring bridges prohibited; damages; penalty.]
Section 67-7-5 - [Fines; penalties; forfeitures; action of debt to recover.]
Section 67-7-6 - [Irrigation or drainage water overflowing highway; penalty.]
Section 67-7-7 - [Water overflowing highway; liability for damages.]
Section 67-7-8 - [Irrigation ditches crossing roads; bridges.]
Section 67-7-9 - [Ditches; drains; flumes; bridges required; penalty.]
Section 67-7-10 - Unlawful use of highways; penalties.
Section 67-7-11 - [Arrest for violation; seizure of vehicle; fee.]