If the state engineer shall in the course of his duties find that any works constructed for the storage, diversion or carriage of water are unsafe and a menace to life or property, he shall at once notify the owner or agent, specifying the changes necessary and allowing a reasonable time for putting the works in safe condition. Upon the request of any party, accompanied by the estimated cost of inspection, the state engineer shall cause any alleged unsafe works to be inspected. If they shall be found unsafe by the state engineer, the money deposited by such party shall be refunded, and the fees for inspection shall be paid by the owner of such works; and, if not paid by him within thirty days after the decision of the state engineer, shall be a lien against the property of such owner, to be recovered by suit instituted by the district attorney of the county at the request of the state engineer. The state engineer may, when in his opinion necessary, inspect any works under construction for the storage, diversion or carriage of water and may require any changes necessary to secure their safety; and the fees for such inspection shall be a lien on any property of the owner and shall be subject to collection as provided herein; provided that nothing contained in this section shall be construed to make works being constructed or owned by the United States while under supervision of officers of the United States subject to inspection by the state engineer.

Nothing contained in this section and no action or failure to act under this section shall be construed:

A. to create any liability in the state or its officers or employees for the recovery of damages caused by such action or failure to act; or

B. to relieve the owner or operator of water impoundment works of the legal duties, obligations or liabilities incident to the ownership or operation of water impoundment works.

History: Laws 1907, ch. 49, § 32; Code 1915, § 5690; C.S. 1929, § 151-141; 1941 Comp., § 77-510; 1953 Comp., § 75-5-10; Laws 1979, ch. 314, § 1.

Cross references. — For priority of liens, see 72-5-16 NMSA 1978.

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

Property outside of New Mexico is not subject to lien under this section. Turley v. Furman, 1911-NMSC-030, 16 N.M. 253, 114 P. 278.

Cost of inspection. — Cost of inspection of dam by state engineer cannot be cast upon owner, but must be paid by one requesting it (unless found unsafe, as provided in this section). 1912 Op. Att'y Gen. No. 12-938.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waterworks and Water Companies § 63.

93 C.J.S. Waters § 180.