Section 72-4-13 - Hydrographic survey of state stream systems; duty of state engineer; dam and reservoir sites; cooperation with United States.

NM Stat § 72-4-13 (2019) (N/A)
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The state engineer shall make hydrographic surveys and investigations of each stream system and source of water supply in the state, beginning with those most used for irrigation, and obtaining and recording all available data for the determination, development and adjudication of water supply of the state including the location and survey of suitable sites for dams and reservoirs and the determination of the approximate water supply, capacity and cost of each. He is authorized to cooperate with the agencies of the United States engaged in similar surveys and investigations and in the construction of works for the development and use of the water supply of the state, expending for such purposes any money available for the work of his office, and may accept and use in connection with the operations of his office the results of the agencies of the United States.

History: Laws 1907, ch. 49, § 19; Code 1915, § 5671; C.S. 1929, § 151-118; 1941 Comp., § 77-402; 1953 Comp., § 75-4-2; Laws 1977, ch. 254, § 94; 1982, ch. 10, § 6.

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

Section speaks of future. — This section and Section 72-4-1 NMSA 1978 (prior to 1909 amendment) speak of future and have no application to water rights acquired prior to passage of act. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86.

Hydrographic surveys prepared by United States. — The state engineer may make use of all or part of a hydrographic survey prepared by the United States, but even if he does not accept the United States survey, it still may be offered into evidence at a state court trial involving the general adjudication of water rights. U.S. ex rel. Acoma & Laguna Indian Pueblos v. Bluewater-Toltec Irrigation Dist., 580 F. Supp. 1434 (D.N.M. 1984), aff'd, 806 F.2d 986 (10th Cir. 1986).

Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 22, 36.