For the purposes of Sections 72-12-18 through 72-12-21 NMSA 1978, all underground waters of the state of New Mexico are hereby declared to be public waters and to belong to the public of the state of New Mexico and to be subject to appropriation for beneficial use. All existing rights to the beneficial use of such waters are hereby recognized.
History: 1941 Comp., § 77-1122, enacted by Laws 1953, ch. 64, § 1; 1953 Comp., § 75-11-19; 1983, ch. 2, § 4.
ANNOTATIONSCompiler's notes. — Sections 72-12-19 and 72-12-21, referred to in this section, were repealed by Laws 1983, ch. 2, § 7. For present provisions, see 72-12B-1 and 72-12B-2 NMSA 1978.
Cross references. — For substantially similar provision, see 72-12-1 NMSA 1978.
Underground waters public. — Laws 1953, ch. 64, declares all underground waters to be public waters subject to appropriation for beneficial use. State ex rel. Reynolds v. Mendenhall, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998.
Law reviews. — For student symposium, "Constitutional Revision - Water Rights," see 9 Nat. Resources J. 471 (1969).
For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979).
For comment, "Protection of the Means of Groundwater Diversion," see 20 Nat. Resources J. 625 (1980).
For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 148.
93 C.J.S. Waters § 169.