In any suit concerning water rights, or in any suit or appeal provided for in this article, the court may in its discretion submit any question of fact arising therein to a jury, or may appoint a referee or referees to take testimony and report upon the rights of the parties.
History: Laws 1907, ch. 49, § 37; Code 1915, § 5696; C.S. 1929, § 151-149; 1941 Comp., § 77-407; 1953 Comp., § 75-4-7.
ANNOTATIONSCompiler's notes. — The 1915 Code substituted "this article" for "this act." For meaning of "this article," see compiler's note to 72-4-17 NMSA 1978. For meaning of "this act," see compiler's note to 72-4-15 NMSA 1978.
Cross references. — For use of advisory jury, see Paragraph B of Rule 1-039 NMRA.
For appointment of masters and referees, see Rule 1-053 NMRA.
Law reviews. — For comment, "Indian Pueblo Water Rights Not Subject to State Law Prior Appropriation," see 17 Nat. Resources J. 341 (1977).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 203.