A. The state engineer shall, upon the written application of a majority of the water rights owners of any district in this state, appoint a water master for such district in the state, who may, for cause, be removed by the state engineer and shall be removed upon a petition of a majority of the water rights owners of the district. The water master shall have immediate charge of the apportionment of waters in the water master's district under the general supervision of the state engineer, and the water master shall so appropriate, regulate and control the waters of the district as will prevent waste. The state engineer may, if in the state engineer's opinion the public safety or interests of water users in any district in the state require it, appoint such water master for temporary or permanent service in such district in the absence of the application above provided for in this article.

B. In instances where the state engineer's appointment of a water master is not in response to a written application of a majority of the water rights owners of a district, the provisions of Section 72-3-4 NMSA 1978 shall not apply.

History: Laws 1907, ch. 49, § 14; Code 1915, § 5667; C.S. 1929, § 151-114; 1941 Comp., § 77-302; 1953 Comp., § 75-3-2; 2007, ch. 157, § 1.

Compiler's notes. — The 1915 Code compilers added the phrase "in this article" to the final sentence of this section, presumably referring to Code 1915, ch. 114, art. I, the provisions of which are presently compiled as 19-7-26, 72-1-1, 72-1-2, 72-1-5, 72-2-1 to 72-2-7, 72-2-9, 72-2-10, 72-3-1 to 72-3-5, 72-4-1, 72-4-13, 72-4-15, 72-4-17 to 72-4-19, 72-5-1 to 72-5-4, 72-5-6 to 72-5-24, 72-5-26 to 72-5-31, 72-5-33, 72-7-1 to 72-7-3, 72-8-1 to 72-8-6 and 72-9-1 to 72-9-3 NMSA 1978.

Cross references. — For right of state engineer to enter private property, see 72-8-1 NMSA 1978.

For the state engineer, see 72-2-1 NMSA 1978.

The 2007 amendment, effective June 15, 2007, added Subsection B.

Section speaks to future. — This section and 72-3-1 NMSA 1978 (prior to amendment) would seem in no way to refer to old established water rights or community acequias, but to speak to future and to provide for condition of affairs to be brought about by districting of state under supervision of engineer. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86.

Removal of water master. — Water master appointed by state engineer in absence of petition by water users may be removed by state engineer only for cause or where, in his opinion, public safety or interests of water users in district no longer require services of water master. 1954 Op. Att'y Gen. No. 54-6036.

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. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 6, 11, 12, 19.

Incompatibility of offices of colonel and water superintendent, 26 A.L.R. 144, 132 A.L.R. 254, 147 A.L.R. 1419, 148 A.L.R. 1399, 150 A.L.R. 1444.

94 C.J.S. Waters § 243(4).