The interstate stream commission, in addition to all other powers now vested in it, shall have power to acquire, by purchase, or exchange upon such terms and conditions and in such manner as it may deem proper, and to acquire by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, any land, rights, water rights, easements, franchises and other property deemed necessary or proper for the construction, operation and maintenance of such works. Title to property purchased or condemned shall be taken in the name of the commission. The commission shall be under no obligation to accept and pay for any property condemned under this act [72-14-9 to 72-14-23, 72-14-25 to 72-14-28 NMSA 1978] except from the funds provided by this act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be warranted by law and the facts.
The taking possession of the property sought to be condemned shall not be delayed by reason of any dispute between rival claimants or the failure to join any of them as a party to said proceedings in condemnation.
History: 1953 Comp., § 75-34-10, enacted by Laws 1955, ch. 266, § 2.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 21, 55.
Acquisition by adverse possession or use of public property held by governmental unit, 55 A.L.R.2d 554.
93 C.J.S. Waters § 7; 94 C.J.S. Waters § 236.
Structure New Mexico Statutes
Article 14 - Interstate Stream Commission; Protection of Interstate Streams
Section 72-14-1 - Interstate stream commission; creation; membership; organization.
Section 72-14-3.1 - State water plan; purpose; contents.
Section 72-14-3.2 - Water conservation plans; municipalities, counties and water suppliers.
Section 72-14-3.3 - Interstate stream commission; additional powers; strategic water reserve.
Section 72-14-4 - Budget and plan submitted to governor annually.
Section 72-14-5 - Annual expenditures made under budget and plan.
Section 72-14-6 - Appropriation; how disbursements are to be made.
Section 72-14-7 - [Governor authorized to protect water rights in interstate streams.]
Section 72-14-8 - [Governor may employ persons and fix their compensation.]
Section 72-14-9 - Definitions.
Section 72-14-10 - [Power to purchase, exchange and condemn property.]
Section 72-14-11 - Projects using revenue bond proceeds authorized.
Section 72-14-12 - [Power to cross watercourses and avenues of transportation.]
Section 72-14-13 - Water conservation revenue bonds authorized; extent of state obligation.
Section 72-14-14 - Revenues from bonds to be applied to cost of projects and associated expenses.
Section 72-14-15 - Funds established.
Section 72-14-16 - Bond proceeds to be appropriately credited.
Section 72-14-17 - Commission to set prices, rates or charges; contracts; disposition of property.
Section 72-14-20 - [Contracts and leases with agencies of United States authorized.]
Section 72-14-22 - Rights of bondholders; enforcement.
Section 72-14-24 - Purpose of act.
Section 72-14-24.1 - Acequia and community ditch infrastructure fund; created.
Section 72-14-25 - [Adjustment of plans and operations to facilitate federal aid to project.]
Section 72-14-27 - [Liberal construction of act.]
Section 72-14-29 - Loans from New Mexico irrigation works construction fund.
Section 72-14-30 - [Expenditure of funds for feasibility studies.]
Section 72-14-31 - [Loans to include sums for feasibility study.]
Section 72-14-32 - [Loans to supplement federal funds authorized.]
Section 72-14-33 - ["Project" defined.]
Section 72-14-34 - Budgets required.
Section 72-14-35 - [Exemption from Bateman Act.]
Section 72-14-36 - [Special water revenue bonds of interstate stream commission; purpose.]
Section 72-14-38 - Terms and conditions of bonds.
Section 72-14-40 - Sale of bonds.
Section 72-14-41 - Guarantee by severance tax funds.
Section 72-14-42 - Approval of issue.
Section 72-14-43 - Legislative findings; state appropriation of unappropriated water.
Section 72-14-45 - New Mexico unit fund; purpose; appropriation.