Every ditch owner shall, when requested to do so by the state engineer, construct and maintain a substantial headgate at the point where the water is diverted, and shall construct a measuring device, of a design approved by the state engineer, at the most practical point or points for measuring and apportioning the water as determined by the state engineer. The state engineer may order the construction of such device by the ditch owner and, if not completed within twenty days thereafter, refuse to deliver water to such owner. The taking of the water by such ditch owner, after refusal by the state engineer to deliver water to him until the construction of such device and the approval thereof by the state engineer, shall be a misdemeanor. Such devices shall be so arranged that they can be locked in place, and when locked by the state engineer or his authorized agent, for the measurement or apportionment of water, it shall be a misdemeanor for any unauthorized person to interfere with, disturb or change the same.
History: Laws 1907, ch. 49, § 46; Code 1915, § 5705; C.S. 1929, § 151-158; Laws 1941, ch. 126, § 19; 1941 Comp., § 77-519; 1953 Comp., § 75-5-19.
Cross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978.
For the state engineer, see 72-2-1 NMSA 1978.
Rights and priorities to be adjudicated. — For purpose of apportionment of water, engineer has no jurisdiction over any old ditch system, until rights and priorities of owners of such system have been adjudicated in accord with terms of the act. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86.
Interstate irrigation project. — Irrigation project upon waters of natural stream running from Colorado into New Mexico, when point of diversion, headgate and about six miles of irrigation ditch are in Colorado, is not in jurisdiction of territorial engineer of New Mexico. Turley v. Furman, 1911-NMSC-030, 16 N.M. 253, 114 P. 278.
Law reviews. — For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 186.
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.