Section 72-5-31 - [Appeal; prior rights not impaired.]

NM Stat § 72-5-31 (2019) (N/A)

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There shall be the same right of appeal from the action of the state engineer in approving or rejecting any such application as is provided in this article, Section 72-7-1 NMSA 1978, and nothing in this article shall be construed to impair prior vested rights or the rights of prior appropriators of public waters of this state, or the rights of those who have filed or may file applications to appropriate public waters in compliance with existing laws of the state of New Mexico.

History: Laws 1909, ch. 128, § 3; Code 1915, § 5686; C.S. 1929, § 151-137; 1941 Comp., § 77-529; 1953 Comp., § 75-5-29.

Compiler's notes. — The compilers of the 1915 Code substituted the references to "this article" and the specific section therein, for references to Laws 1907, ch. 49. For presently compiled provisions of the article, see compiler's note to 72-5-29 NMSA 1978.

Cross references. — For appeal de novo from decision, act or refusal to act of state executive officer or body in matters relating to water rights, see N.M. Const., art. XVI, § 5.

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

Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 204.

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