All currents and sources of water, such as springs, rivers, ditches and currents of water flowing from natural sources in the state of New Mexico, shall be and they are declared free; in order that all persons traveling in this state shall have the right to take water therefrom for their own use, and that of the animals under their charge: provided, that the word traveler, shall not in any manner extend to persons who travel with a large number of animals; for in that case they shall not use the water of any spring belonging to any individual, without having first obtained the express consent of the owner. And it is further understood, that if any person in transit or traveling, at the time of using any of the water mentioned, shall cause any injury to the fields, planted lands or private property of any person, he shall pay to the party injured all damages that may have been done: provided, further, that this article shall in no manner apply to wells in this state: provided, further, that this article shall not be applicable to ponds or reservoirs of water, that persons may construct for their own proper use and benefit, and no person under pretext of title to said sources, springs, rivers or ditches, shall have the right to embarrass and hinder, or molest any transient person or traveler in or at the time of taking the water for his proper use and giving water to his animals.
History: Laws 1876, ch. 41, § 1; C.L. 1884, § 49; C.L. 1897, § 52; Code 1915, § 5812; C.S. 1929, § 151-1001; 1941 Comp., § 77-104; 1953 Comp., § 75-1-4.
ANNOTATIONSCompiler's notes. — The 1915 Code compilers substituted "this article" for "this act," presumably referring to Code 1915, ch. 114, art. VII, the provisions of which are presently compiled as 72-1-6, 72-1-7 NMSA 1978.
Cross references. — For use of public land for range without owning water right, see 19-3-13 to 19-3-15 NMSA 1978.
Private ownership of water in public streams was prohibited by this section, and a right to use of such waters for beneficial purposes was given to those who appropriated and applied them to such uses. Millheiser v. Long, 1900-NMSC-012, 10 N.M. 99, 61 P. 111.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 87 to 89.