The courts of this state shall entertain bills of complaint filed by the board of trustees of a land grant-merced to enjoin persons from trespassing upon the common lands or using the common waters within the land grant-merced if it appears that the complainant is without a plain, speedy and adequate remedy at law or that the persons committing trespass are insolvent or unable to respond in damages.
History: Laws 1907, ch. 42, § 16; Code 1915, § 814; C.S. 1929, § 29-116; 1941 Comp., § 9-116; 1953 Comp., § 8-1-16; 2004, ch. 124, § 17.
ANNOTATIONSCross references. — For community springs, see 72-10-1 to 72-10-3 NMSA 1978.
For reservoirs, see 72-10-4 to 72-10-10 NMSA 1978.
The 2004 amendment, effective July 1, 2004, made minor corrections throughout this section and changed "grant" to "land grant-merced".
Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Res. J. 48 (1971).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands §§ 125 to 128.