Any owner of works for the diversion, storage, carriage or impoundment of water, his agent or employees, who, following notice to place such works in a safe condition as provided in Section 72-5-11 NMSA 1978, fails to take action specified by the state engineer within the time allowed, shall be guilty of a misdemeanor. Any violation of this section shall be punishable by a fine of not more than two hundred fifty dollars ($250) for each offense or by imprisonment for a definite term not to exceed six months, or both. It is the duty of the state engineer to give prompt notice to the district attorney of the county in which the works are located in case of such violation. The district attorney shall at once proceed against the owner and all parties responsible therefor.
History: Laws 1907, ch. 49, § 33; Code 1915, § 5691; C.S. 1929, § 151-142; 1941 Comp., § 77-511; 1953 Comp., § 75-5-11; Laws 1979, ch. 314, § 2.
ANNOTATIONSCross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978.
For the state engineer, see 72-2-1 NMSA 1978.
Community acequias. — Laws 1907, ch. 49 does not regulate community acequias constructed prior to passage thereof as to right to change point of diversion from stream into such acequias. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 116.