In any suit concerning water rights, or in any suit or appeal provided for in this article, the court may in its discretion submit any question of fact arising therein to a jury, or may appoint a referee or referees to take testimony and report upon the rights of the parties.
History: Laws 1907, ch. 49, § 37; Code 1915, § 5696; C.S. 1929, § 151-149; 1941 Comp., § 77-407; 1953 Comp., § 75-4-7.
Compiler's notes. — The 1915 Code substituted "this article" for "this act." For meaning of "this article," see compiler's note to 72-4-17 NMSA 1978. For meaning of "this act," see compiler's note to 72-4-15 NMSA 1978.
Cross references. — For use of advisory jury, see Paragraph B of Rule 1-039 NMRA.
For appointment of masters and referees, see Rule 1-053 NMRA.
Law reviews. — For comment, "Indian Pueblo Water Rights Not Subject to State Law Prior Appropriation," see 17 Nat. Resources J. 341 (1977).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 203.
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.]