The state engineer shall have the power to grant extensions of time in which to complete construction of works, to apply water to beneficial use and for such other reasonable purpose as may in his opinion appear, under any water right application on file in his office, upon proper showing by the applicant of due diligence or reasonable cause for delay. Extensions of time not exceeding five years beyond the time for construction allowed in the original permit, and in no case exceeding a total of ten years after the date of approval of the application, may be granted by the state engineer for construction of works and application of water to beneficial use; provided, that if it shall be made to appear to the state engineer by affidavit of the applicant, his successors or assigns, or by any person for or on behalf of such applicant, and by such other evidence as the state engineer may require, that at least one-fourth of the actual construction work has been completed within such period as extended, the state engineer may, if he is satisfied of the good faith of the applicant and that the project will be to the interest of the development of the state, extend the time for completion of works and application of water to beneficial use for any additional periods he may deem necessary, but not exceeding two years for any one extension, upon such reasonable terms and conditions as he may prescribe; and at the time of granting such extension shall endorse his approval thereon and shall make the proper entry in his records.
History: Laws 1907, ch. 49, § 35; 1913, ch. 43, § 1; Code 1915, § 5693; Laws 1917, ch. 95, § 1; C.S. 1929, § 151-144; Laws 1933, ch. 66, § 1; Laws 1941, ch. 126, § 13; 1941 Comp., § 77-513; 1953 Comp., § 75-5-13.
ANNOTATIONSCompiler's notes. — Laws 1933, ch. 66, § 1, amended this section as it had appeared in C.S. 1929. However, the section was again amended by Laws 1941, ch. 126, § 13, without indication of the 1933 amendment, but § 28 of the latter act repealed the former amendatory act without reservation.
Laws 1909, ch. 130, § 1 (Code 1915, § 5694; C.S. 1929, § 151-147), dealing with rights relative to systems under construction prior to 1907, provided that any person, firm or corporation claiming such rights or priorities, initiated prior to the approval of Laws 1907, ch. 49 (approved March 19, 1907), who had prior thereto filed the sworn statement required by C.L. 1897, § 493, and whose work of perfecting said rights or priorities was in progress prior thereto and who had also prior to said date, acquired by purchase the rights of any person or corporation that had expended more than forty thousand dollars in necessary surveys and construction of irrigation works within the same drainage area, would have a reasonable time as determined by the state engineer within which to complete all necessary surveys, maps, plans, drawings and specifications, and after approval thereof by the state engineer, would have the benefit of extensions of time provided for in this article in which to complete construction and apply the water to beneficial use. Laws 1909, ch. 130, § 2, made the act effective from its passage. Approved March 18, 1909.
Cross references. — For allowance of additional time for completion of works delayed for causes beyond applicant's control, see 72-5-8 NMSA 1978.
For the state engineer, see 72-2-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 180.