New Mexico Statutes
Article 4 - Surveys, Investigations and Adjudication of Rights
Section 72-4-18 - [Suits concerning water rights; submission of facts to jury or referee.]

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

New Mexico Statutes

Chapter 72 - Water Law

Article 4 - Surveys, Investigations and Adjudication of Rights

Section 72-4-1 - County drains; duty of state engineer; preliminary surveys; eminent domain; surveys on private property; damage.

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 72-4-10 - [Water revenue bonds, income, security instruments, agreements and revenue exempt from taxation.]

Section 72-4-11 - [Election by voters prior to issuance of bonds not required.]

Section 72-4-12 - [Notice, consent or approval by governmental body or public officer not required prior to issuance of bonds.]

Section 72-4-13 - Hydrographic survey of state stream systems; duty of state engineer; dam and reservoir sites; cooperation with United States.

Section 72-4-14 - [Cooperation with federal reclamation service; federal projects.]

Section 72-4-15 - [Determination of water rights; copies of hydrographic surveys; suits to determine right of appropriation.]

Section 72-4-16 - [Reports of hydrographic surveys; filing with state engineer; copies as evidence.]

Section 72-4-17 - Suits for determination of water rights; parties; hydrographic survey; jurisdiction; unknown claimants.

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.]

Section 72-4-20 - [Water rights on interstate streams in litigation; duty of state engineer; exception.]