On or before the date set for the application of the water to a beneficial use, the state engineer shall cause the works to be inspected, after due notice to the owner of the permit. Upon the completion of such inspection, the state engineer shall issue a license to appropriate water to the extent and under the condition of the actual application thereof to beneficial use, but in no manner extending the rights described in the permit: provided, that the inspection to determine the amount of water applied to beneficial use shall be made at the same time as that of the constructed work, if requested by the owner, and if such action is deemed proper by the state engineer.
History: Laws 1907, ch. 49, § 34; Code 1915, § 5692; C.S. 1929, § 151-143; 1941 Comp., 77-512; 1953 Comp., § 75-5-12.
ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978.
State engineer may afford legal protection for instream flows for recreational, etc., purposes. — Neither the New Mexico constitution nor statutes governing appropriation and use of surface water prohibit the state engineer from affording legal protection for instream flows for recreational, fish or wildlife, or ecological purposes, by conditioning approval of a transfer of an existing water right to an instream use on installation of gauging devices. 1998 Op. Att'y Gen. No. 98-01.
Law reviews. — For article, "Legislation on Domestic and Industrial Uses of Water: A Comparative Review," see 24 Nat. Resources J. 143 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 249.
93 C.J.S. Waters § 219.