All reports of hydrographic surveys of the waters of any stream system, or parts thereof, and other surveys heretofore or hereafter made by the state engineer, or under his authority, or by any engineer of the United States, or any other engineer, in the opinion of the state engineer qualified to make the same, may, when made in writing and signed by the party making the same, be filed in the office of such state engineer, and the originals or certified copies thereof, made by such state engineer, shall be received and considered in evidence in the trial of all causes involving the data shown in such survey, the same as though testified to by the person making the same, subject to rebuttal, the same as in ordinary cases.
History: Laws 1919, ch. 124, § 1; C.S. 1929, § 151-121; 1941 Comp., § 77-405; 1953 Comp., § 75-4-5.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
Hydrographic surveys prepared by United States. — The state engineer may make use of all or part of a hydrographic survey prepared by the United States, but even if he does not accept the United States survey, it still may be offered into evidence at a state court trial involving the general adjudication of water rights. U.S. ex rel. Acoma & Laguna Indian Pueblos v. Bluewater-Toltec Irrigation Dist., 580 F. Supp. 1434 (D.N.M. 1984), aff'd, 806 F.2d 986 (10th Cir. 1986).
Law reviews. — For comment, "Indian Pueblo Water Rights Not Subject to State Law Prior Appropriation," see 17 Nat. Resources J. 341 (1977).
Structure New Mexico Statutes
Article 4 - Surveys, Investigations and Adjudication of Rights
Section 72-4-2 - [Authority to acquire water rights for development of county water supply system.]
Section 72-4-3 - [Authority to establish county water supply system; purpose.]
Section 72-4-4 - Water revenue bonds; limitations; conditions of issuance.
Section 72-4-5 - [Water revenue bonds; security; restrictions and limitations.]
Section 72-4-6 - [Determinations and findings prior to supplying water.]
Section 72-4-7 - [Sale of water revenue bonds; application of proceeds; cost of acquiring system.]
Section 72-4-8 - Water system cost paid from bond proceeds only.
Section 72-4-9 - [Water revenue bonds shall be legal investments.]
Section 72-4-11 - [Election by voters prior to issuance of bonds not required.]
Section 72-4-14 - [Cooperation with federal reclamation service; federal projects.]
Section 72-4-16 - [Reports of hydrographic surveys; filing with state engineer; copies as evidence.]
Section 72-4-18 - [Suits concerning water rights; submission of facts to jury or referee.]
Section 72-4-19 - [Adjudication of rights; decree filed with state engineer; contents of decree.]