The course of ditches or acequias established prior to July 20, 1851, shall not be disturbed.
History: Laws 1851-1852, p. 189, § 8; C.L. 1865, ch. 1, § 8; C.L. 1884, § 5; C.L. 1897, § 5; Code 1915, § 5732; C.S. 1929, § 151-402; 1941 Comp., § 77-1406; 1953 Comp., § 75-14-6.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Intent of section. — Section was enacted primarily for protection of ditches from outside trespassers, it was intended as a guarantee against destruction or disturbance of ditches then in existence. Candelaria v. Vallejos, 1905-NMSC-019, 13 N.M. 146, 81 P. 589.
Section has no application to ditches constructed after its enactment. Candelaria v. Vallejos, 1905-NMSC-019, 13 N.M. 146, 81 P. 589.
Section prohibits changing course or combining ditches. — Commissioners (see Section 73-2-12 NMSA 1978) have no power to change the course of a ditch, or combine two, if the ditches were established prior to 1851. 1930 Op. Att'y Gen. No. 30-115.
Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).