Whenever any appropriator of water has the right-of-way for the storage, diversion or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto. Any violations of this section shall be a misdemeanor.
History: Laws 1907, ch. 49, § 50; Code 1915, § 5709; C.S. 1929, § 151-162; 1941 Comp., § 77-703; 1953 Comp., § 75-7-3.
Cross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978.
For penalty for interference with community ditch, see 73-2-64 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 359.
Debris or waste, liability for damages from obstruction of stream by, 29 A.L.R.2d 447.
Liability for obstruction or diversion of subterranean waters in use of land, 29 A.L.R.2d 1354.
Liability of landowner for damages caused by overflow, seepage or the like resulting from defect in artificial underground drain, conduit or pipe, 44 A.L.R.2d 960.
Municipality's liability for damage resulting from obstruction or clogging of drains or sewers, 59 A.L.R.2d 281.
Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193.
93 C.J.S. Waters § 135.
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