Section 73-2-10 - [Ownership of plants on banks.]

NM Stat § 73-2-10 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

All plants of any description growing on the banks of said ditches, or acequias, shall belong to the owners of the land through which said ditches or acequias run.

History: Laws 1851-1852, p. 277, § 16; C.L. 1865, ch. 1, § 24; C.L. 1884, § 11; C.L. 1897, § 17; Code 1915, § 5745; C.S. 1929, § 151-415; 1941 Comp., § 77-1410; 1953 Comp., § 75-14-10.

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

No right to forage. — The law of the State of New Mexico does not recognize a limited forage right implicit in a right of way for the maintenance and enjoyment of a vested water right. Walker v. United States, 2007-NMSC-038, 142 N.M. 45, 162 P.3d 882.

Acequia as boundary. — Description in a written instrument calling for acequia as a boundary carries title to the center of the acequia. Tagliaferri v. Grande, 1911-NMSC-052, 16 N.M. 486, 120 P. 730.