Where any artesian conservancy district has heretofore been formed, and due to the extension of the original boundaries of the artesian basin by order of the state engineer, the boundaries of the artesian conservancy district no longer include all lands overlying such artesian basin and the board of directors of such district shall determine by resolution that it is desirable that such lands, as are irrigated and within the boundaries of the said artesian basin as set by order of the state engineer effective January 31, 1950, shall be included in and subject to the district, such conservancy district may file a petition in the district court of the county wherein said district was originally formed in the same proceeding, praying that the decree providing for the formation of said district be amended so as to include such lands; provided, however, the petition shall be accompanied by a certificate of the state engineer, describing the designated boundaries of the said artesian basin.

History: 1953 Comp., § 75-13-13.1, enacted by Laws 1957, ch. 208, § 1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For authority of state engineer to measure waters of state, see 72-2-1 NMSA 1978.

Use of water rights on other lands. — Water rights on state or federal land are appurtenant to said land; the right is initiated by lessee, and the license is issued in the name of lessee. These water rights may be transferred or moved off the land and used on other lands upon application of the owner of the license, with consent of the owner of the land. New Mexico and the federal government have consented to moving the water right from the leased land and recognize the water right as an improvement on the land, created by lessee. 1958 Op. Att'y Gen. No. 58-26.