The state engineer may permit the state transportation commission, when it is engaged in the construction, reconstruction, maintenance or repair of public roads, streets, highways and airports, to accrue unused water under one or more artesian or underground water rights for such length of time not to exceed five years as he may deem reasonable and permit the state transportation commission to withdraw such accrued water within such period of time as it may be required, but not at a rate that will be detrimental to the holders of other valid water rights. The state engineer shall require the state transportation commission holding any water right and desirous of proceeding under the authorization of Sections 72-5-34 through 72-5-38 NMSA 1978 to file periodic accountings of accruals and withdrawals by basins or districts in such form, on such dates and at such intervals as the state engineer shall designate.
History: 1953 Comp., § 75-5-34, enacted by Laws 1959, ch. 191, § 3; 2003, ch. 142, § 93.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
The 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission" in three places; and substituted "Sections 72-5-34 through 72-5-38 NMSA 1978" for "this act" in the last sentence.
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