A. In the issuance of permits to appropriate water for irrigation or in the adjudication of the rights to the use of water for that purpose, the amount allowed shall be based upon beneficial use and in accordance with good agricultural practices and the amount allowed shall not exceed such amount. The state engineer shall permit the amount allowed to be diverted at a rate that is consistent with good agricultural practices and that will result in the most effective use of available water in order to prevent waste.
B. Improved irrigation methods or changes in agriculture practices resulting in conservation of water shall not diminish beneficial use or otherwise affect an owner's water rights or quantity of appurtenant acreage.
C. Any water rights owner who demonstrates that improved irrigation or changes in agricultural practices have resulted in the conservation of water shall be able to make an application to the state engineer for a change in the point of diversion or place or purpose of use of the quantity of conserved water, provided that:
(1) conservation of water shall not result in impairment or diminishment of other water rights; and
(2) priority and quality of right shall be assessed under the same standards as apply to transfers.
History: Laws 1907, ch. 49, § 43; Code 1915, § 5702; C.S. 1929, § 151-155; 1941 Comp., § 77-517; 1953 Comp., § 75-5-17; Laws 1955, ch. 91, § 1; 1969, ch. 254, § 1; 2003, ch. 67, § 1; 2007, ch. 24, § 1.
ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978.
The 2007 amendment, effective June 15, 2007, in Subsection B, added "or changes in agriculture practices", "diminish beneficial use or otherwise", and "or quantity of appurtenant acreage"; and added Subsection C and Paragraphs (1) and (2) of Subsection C to provide for the diversion or place of use of conserved water.
The 2003 amendment, effective June 20, 2003, substituted "that purpose" for "such purposes" preceding "the amount allowed" and added the last sentence.
Measure of right to appropriate water is actual beneficial use, that is, amount of water necessary for effective use for purpose to which it is put under particular circumstances of soil conditions, method of conveyance, topography and climate. State ex rel. Reynolds v. Mears, 1974-NMSC-070, 86 N.M. 510, 525 P.2d 870.
Calculating duty. — Calculus of duty, that is, amount of water necessary for successful cultivation of land, includes these essential factors: (1) amount of water diverted; (2) place of diversion as related to use; (3) amount necessary for particular crop or land; (4) season of the year; and (5) general irrigation or water-using practices followed in area. State ex rel. Reynolds v. Mears, 1974-NMSC-070, 86 N.M. 510, 525 P.2d 870.
Law reviews. — For article, "Legislation on Domestic and Industrial Uses of Water: A Comparative Review," see 24 Nat. Resources J. 143 (1984).
For article, "The Law of Prior Appropriation: Possible Lessons for Hawaii," see 25 Nat. Resources J. 911 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 324 to 326.
Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193.
93 C.J.S. Waters § 186.