Any person, firm or corporation claiming to be the owner of a vested water right from any of the underground sources in this act [72-12-1 to 72-12-10 NMSA 1978] described, by application of waters therefrom to beneficial use, may make and file in the office of the state engineer a declaration in a form to be prescribed by the state engineer setting forth the beneficial use to which said water has been applied, the date of first application to beneficial use, the continuity thereof, the location of the well and if such water has been used for irrigation purposes, the description of the land upon which such water has been so used and the name of the owner thereof. Such declaration shall be verified but if the declarant cannot verify the same of his own personal knowledge he may do so on information and belief. Such declarations so filed shall be recorded at length in the office of the state engineer and may also be recorded in the office of the county clerk of the county wherein the well therein described is located. Such records or copies thereof officially certified shall be prima facie evidence of the truth of their contents.
History: Laws 1931, ch. 131, § 5; 1941 Comp., § 77-1105; 1953 Comp., § 75-11-5.
ANNOTATIONSCross references. — For filing and recording of changes of ownership in water rights, see 72-1-2.1 NMSA 1978.
For self-authentication of certified copies of public records, see Paragraph D of Rule 11-902 NMRA.
For proof of official records, see Rule 11-1005 NMRA.
For state engineer, see 72-2-1 NMSA 1978.
Refusal to accept amended declarations. — The state engineer has the discretion to refuse to accept amended declarations of non-vested water rights. Eldorado Utils., Inc. v. State ex rel. D'Antonio, 2005-NMCA-041, 137 N.M. 268, 110 P.3d 76, cert. denied, 2005-NMCERT-004, 137 N.M. 454, 112 P.3d 1111.
Drainage waters are private and not subject to appropriation. In re Langenegger, 1958-NMSC-073, 64 N.M. 218, 326 P.2d 1098.
Use of drainage water not basis for appropriation. — Use of drainage water for irrigation of lands by applicant and his predecessors may not be made basis for right to appropriate public waters of this state, although drainage waters are depleted. In re Langenegger, 1958-NMSC-073, 64 N.M. 218, 326 P.2d 1098.
Priority date. — Landowner who lawfully began developing underground water right and completed it with reasonable diligence acquired water right with priority date as initiation of his work even though lands involved were placed within declared artesian basin before work was finished and water put to beneficial use. State ex rel. Reynolds v. Mendenhall, 1961-NMSC-083, 68 N.M. 467, 362 P.2d 998.
Refusal not adjudication. — The state engineer's refusal to accept amended declarations was not an adjudication of utility's water rights. Eldorado Utils., Inc. v. State ex rel. D'Antonio, 2005-NMCA-041, 137 N.M. 268, 110 P.3d 76, cert. denied, 2005-NMCERT-004, 137 N.M. 454, 112 P.3d 1111.
Prima facie evidence of claim. — This section has the purpose and effect of making the declaration of beneficial use of ground water prima facie evidence of the claim. Eldorado Utils., Inc. v. State ex rel. D'Antonio, 2005-NMCA-041, 137 N.M. 268, 110 P.3d 76, cert. denied, 2005-NMCERT-004, 137 N.M. 454, 112 P.3d 1111.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 176.