Any person, association or corporation interfering with or injuring or destroying any dam, headgate, weir, benchmark or other appliance for the diversion, carriage, storage, apportionment or measurement of water, or for any hydrographic surveys, or who shall interfere with any person or persons engaged in the discharge of duties connected therewith, shall be guilty of a misdemeanor, and shall also be liable for the injury or damage resulting from such unlawful act. The state engineer or any authorized assistant shall have power to arrest any person offending against the provisions of this section, and deliver him to the nearest peace officer of the county. It shall be the duty of the person making the arrest to make complaint at once before the court having jurisdiction thereof. The state engineer, the water masters and their authorized assistants, and agents may enter upon private property for the performance of their respective duties, doing no unnecessary injury thereto.

History: Laws 1907, ch. 49, § 47; Code 1915, § 5706; C.S. 1929, § 151-159; 1941 Comp., § 77-701; 1953 Comp., § 75-7-1.

Cross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978.

For entry on property while making hydrographic surveys, see 72-4-1 NMSA 1978.

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

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 204.

Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193.

93 C.J.S. Waters § 150.