On or before the date set for the application of the water to a beneficial use, the state engineer shall cause the works to be inspected, after due notice to the owner of the permit. Upon the completion of such inspection, the state engineer shall issue a license to appropriate water to the extent and under the condition of the actual application thereof to beneficial use, but in no manner extending the rights described in the permit: provided, that the inspection to determine the amount of water applied to beneficial use shall be made at the same time as that of the constructed work, if requested by the owner, and if such action is deemed proper by the state engineer.
History: Laws 1907, ch. 49, § 34; Code 1915, § 5692; C.S. 1929, § 151-143; 1941 Comp., 77-512; 1953 Comp., § 75-5-12.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
State engineer may afford legal protection for instream flows for recreational, etc., purposes. — Neither the New Mexico constitution nor statutes governing appropriation and use of surface water prohibit the state engineer from affording legal protection for instream flows for recreational, fish or wildlife, or ecological purposes, by conditioning approval of a transfer of an existing water right to an instream use on installation of gauging devices. 1998 Op. Att'y Gen. No. 98-01.
Law reviews. — For article, "Legislation on Domestic and Industrial Uses of Water: A Comparative Review," see 24 Nat. Resources J. 143 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 249.
93 C.J.S. Waters § 219.
Structure New Mexico Statutes
Article 5 - Appropriation and Use of Surface Water
Section 72-5-1 - Application for permit; rules; surveys, etc.
Section 72-5-2 - Existing community ditches.
Section 72-5-3 - Application; amendment; refiling.
Section 72-5-4 - Notice; publication.
Section 72-5-5 - Objections to applications; filing of protests; definition of standing.
Section 72-5-6 - Hearing; approval; permit.
Section 72-5-7 - Application; rejection; noncompliance with rules; conservation and public welfare.
Section 72-5-8 - Construction of works; additional time.
Section 72-5-9 - Supervision; inspection; completion of works; alterations.
Section 72-5-10 - [State engineer's certificate of construction.]
Section 72-5-11 - Inspection and correction of unsafe works.
Section 72-5-12 - Failure to comply with state engineer order; penalty.
Section 72-5-13 - [Issuance of license to appropriate water.]
Section 72-5-14 - Time for construction; extension.
Section 72-5-15 - [Common use; enlargement and maintenance of works; lien for costs.]
Section 72-5-16 - [Priority of liens.]
Section 72-5-17 - Excess waters; sale.
Section 72-5-18 - Water allowance.
Section 72-5-19 - [Standards for measuring flow and volume of water.]
Section 72-5-20 - Headgates and measuring devices.
Section 72-5-21 - [Recording of permits, decrees and documents; certified copies.]
Section 72-5-22 - [Transfer of water rights.]
Section 72-5-23 - Water appurtenant to land; change of place of use.
Section 72-5-24 - Change of purpose; change of point of diversion.
Section 72-5-25 - Emergency; change of point of diversion; procedure.
Section 72-5-26 - [Diversion from watershed or into another stream.]
Section 72-5-27 - Artificial water; no right of continuance of supply.
Section 72-5-28 - Failure to use water; forfeiture.
Section 72-5-29 - [Rights of residents of upper valleys of stream systems.]
Section 72-5-30 - [Effect of return flow above diversion or storage works of other appropriators.]
Section 72-5-31 - [Appeal; prior rights not impaired.]
Section 72-5-32 - Construction and operation of dams; state engineer authority.
Section 72-5-33 - Federal reclamation projects; appropriation for.
Section 72-5-35 - State transportation commission; advance water withdrawal.
Section 72-5-39 - Illegal application of water; injunction or other relief.