[Water districts; creation; change; subdistricts.]

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The state engineer shall, from time to time, as may be necessary for the economical and satisfactory apportionment of water, divide the state in conformity with the drainage areas into water districts to be designated by names, and to comprise as far as possible one or more distinct stream systems in each district. Districts may be changed from time to time as may, in his opinion, be necessary for the economical and satisfactory apportionment of water. Provided, that the state engineer may, when in his opinion it shall be for the best interests of the state and the owners of water rights upon any stream system within the state of New Mexico, divide said stream system into subdistricts, each of which said subdistricts shall be designated by a distinct name.

History: Laws 1907, ch. 49, § 13; Code 1915, § 5666; Laws 1919, ch. 131, § 2; C.S. 1929, § 151-113; 1941 Comp., § 77-301; 1953 Comp., § 75-3-1.

ANNOTATIONS

Cross references. — For the state engineer, see 72-2-1 NMSA 1978.

Section speaks to future. — This section, prior to amendment, and Section 72-3-2 NMSA 1978 would seem in no way to refer to old established water rights or community acequias, but to speak to the future and to provide for a condition of affairs to be brought about by districting of state under supervision of engineer. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86.

Law reviews. — For article, "An Institutional Framework for a Water Market in the Elephant Butte Irrigation District," see 49 Nat. Resources J. 219 (2009).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 3, 4, 6 et seq.

94 C.J.S. Waters § 243(1).


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