Construction of works shall be diligently prosecuted in order that the project may be completed within the time limit set by the state engineer in the permit, provided that the state engineer may upon the request of the applicant allow additional time for the completion of works equal to the time during which work was prevented by acts of God, operation of law or other causes beyond the control of the applicant.
History: Laws 1907, ch. 49, § 29; Code 1915, § 5687; C.S. 1929, § 151-138; Laws 1941, ch. 126, § 11; 1941 Comp., § 77-507; 1953 Comp., § 75-5-7.
Cross references. — For extension of time for construction, see 72-5-14 NMSA 1978.
For the state engineer, see 72-2-1 NMSA 1978.
Financial problems. — Financial inability to prosecute work required, under permit to appropriate water, does not justify extension of time by territorial engineer, for completion of the work. Rio Puerco Irrigation Co. v. Jastro, 1914-NMSC-041, 19 N.M. 149, 141 P. 874.
Length of extension. — There is no authority for extending time of completion of construction eleven years. 1920 Op. Att'y Gen. No. 20-2470.
Law reviews. — For note, "Appropriation By the State of Minimum Flows in New Mexico Streams," see 15 Nat. Resources J. 809 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 393.
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.