The date of receipt of such formal application in the state engineer's office shall be endorsed thereon and noted in his record. If the application is defective as to form, or unsatisfactory as to feasibility or safety of plan, or as to the showing of ability of the applicant to carry the construction to completion, it shall be returned with a statement of the corrections, amendments or changes required, within thirty days after its receipt, and sixty days shall be allowed for the refiling thereof. If refiled, corrected as required within such time, the application shall, upon being accepted, take priority as of date of its original filing, subject to compliance with the further provisions of the law and the regulations thereunder. Any corrected application filed after the time allowed [shall] be treated in all respects, except as to filing fees, as an original application received on the date of its refiling; provided, that the plans of the construction may be amended at any time upon the approval of the state engineer, except that a change in the proposed point of diversion of water from a stream or watercourse shall be subject to the provisions of Section 72-5-24 NMSA 1978 as amended and the rules and regulations of the state engineer.
History: Laws 1907, ch. 49, § 25; Code 1915, § 5680; C.S. 1929, § 151-131; Laws 1941, ch. 126, § 7; 1941 Comp., § 77-503; 1953 Comp., § 75-5-3.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For application for permit, see 72-5-1 NMSA 1978.
For changing point of diversion of community ditches, see 73-2-63 NMSA 1978.
For the state engineer, see 72-2-1 NMSA 1978.
Interstate irrigation project. — Project to irrigate lands in New Mexico from waters of natural stream running from Colorado into New Mexico, when point of diversion, headgate and about six miles of irrigation ditch were in Colorado, was not within jurisdiction of territorial engineer of New Mexico, and he was without authority to issue permit for such project. Turley v. Furman, 1911-NMSC-030, 16 N.M. 253, 114 P. 278.
Amended filing required. — Since diversion dam and canals were different from work contemplated in original application, amended filing under this section was necessary. 1919 Op. Att'y Gen. No. 19-2435.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 21.
93 C.J.S. Waters § 180.
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.