A. It is recognized by the state that it promotes the public welfare and the conservation of water within the state for municipalities, counties, school districts, state universities, member-owned community water systems, special water users' associations and public utilities supplying water to municipalities or counties to plan for the reasonable development and use of water resources. The state further recognizes the state engineer's administrative policy of not allowing municipalities, member-owned community water systems, counties and state universities to acquire and hold unused water rights in an amount greater than their reasonable needs within forty years.
B. Municipalities, counties, school districts, state universities, member-owned community water systems, special water users' associations and public utilities supplying water to municipalities or counties shall be allowed a water use planning period not to exceed forty years, and water rights for municipalities, counties, school districts, state universities, member-owned community water systems, special water users' associations and public utilities supplying water to such municipalities or counties shall be based upon a water development plan the implementation of which shall not exceed a forty-year period from the date of the application for an appropriation or a change of place or purpose of use pursuant to a water development plan or for preservation of a municipal, county, school district, member-owned community water system or state university water supply for reasonably projected additional needs within forty years.
History: 1978 Comp., § 72-1-9, enacted by Laws 1985, ch. 198, § 1; 1990, ch. 40, § 1; 1999, ch. 40, § 3; 2000, ch. 73, § 2; 2003, ch. 369, § 1; 2006, ch. 45, § 1.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
The 2006 amendment, effective May 17, 2006, provided in Subsection A that it promotes the public welfare and conservation of water for school districts to plan for development and use of water resources; and provided in Subsection B that school districts shall be allowed a water use planning period and water rights based on a development plan not to exceed forty years.
The 2003 amendment, effective July 1, 2003, substituted "special" for "municipal" throughout the section.
The 2000 amendment, effective March 6, 2000, inserted "municipal water users' associations" in Subsections A and B.
The 1999 amendment, effective June 18, 1999, inserted "member-owned community water systems" in the catchline and throughout the section, and deleted "and recognizes that this administrative policy was incorporated into law by Chapter 2 of Laws 1983" at the end of Subsection A.
The 1990 amendment, effective February 28, 1990, inserted the references to "state university" and "state universities" in the catchline and throughout the section and made minor stylistic changes.
Pueblo rights doctrine is incompatible with New Mexico water law. State ex rel. Martinez v. City of Las Vegas, 2004-NMSC-009, 135 N.M. 375, 89 P.3d 47.
Pueblo rights doctrine interferes with the necessity of utilizing water for the maximum benefits. State ex rel. Martinez v. City of Las Vegas, 2004-NMSC-009, 135 N.M. 375, 89 P.3d 47.
"Reasonable time". — A municipality may be given a more substantial "reasonable time" for its population growth than a typical water user would have to complete an appropriation. State ex rel. Martinez v. City of Las Vegas, 2004-NMSC-009, 135 N.M. 375, 89 P.3d 47.
Law reviews. — For comment, "The Federal Power Act and Western Water Law - Can States Maintain Their Own Water Use Priorities?", see 27 Nat. Resources J. 218 (1987).
For note, "Recent Developments in the El Paso/New Mexico Interstate Groundwater Controversy - The Constitutionality of New Mexico's New Municipality Water Planning Statute," see 29 Nat. Resources J. 223 (1989).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waterworks and Water Companies §§ 23 to 25.
94 C.J.S. Waters §§ 228 to 230.
Structure New Mexico Statutes
Article 1 - Water Rights in General
Section 72-1-1 - Natural waters; public.
Section 72-1-2 - [Water rights; appurtenant to land; priorities.]
Section 72-1-2.1 - Water rights; change in ownership; filing and recording; constructive notice.
Section 72-1-2.2 - Legislative findings; declaration of purpose.
Section 72-1-2.4 - Pecos river; purpose; conditions for expenditures.
Section 72-1-2.5 - Pecos river basin land management fund.
Section 72-1-2.6 - Pecos river; purchase of additional water rights.
Section 72-1-5 - Eminent domain; entry on property.
Section 72-1-6 - [Traveler's use of water.]
Section 72-1-7 - [Interfering with traveler's use of water; penalty.]
Section 72-1-8 - Camping, trailer, recreational or motor vehicle parking prohibited.
Section 72-1-10 - Water utility authority; created; membership; administration of utility.
Section 72-1-11 - Indian water rights settlements; approval of settlements; reports.