The water of underground streams, channels, artesian basins, reservoirs or lakes, having reasonably ascertainable boundaries, is declared to belong to the public and is subject to appropriation for beneficial use. By reason of the varying amounts and time such water is used and the relatively small amounts of water consumed in the watering of livestock; in irrigation of not to exceed one acre of noncommercial trees, lawn or garden; in household or other domestic use; and in prospecting, mining or construction of public works, highways and roads or drilling operations designed to discover or develop the natural resources of the state, application for any such use shall be governed by the provisions of Sections 72-12-1.1 through 72-12-1.3 NMSA 1978.
§ 72-12-1 NMSA 1978
Underground waters declared to be public; applications for livestock watering, domestic and temporary uses of water
Applied in 6 court decisions — leading case New Mexico v. General Electric Co. (2006)
Most recently applied in 171 F. Supp. 3d 1171 - New Mexico ex rel. State Engineer v. Aamodt (March 2016)
Laws 1931, ch. 131, § 1; 1941 Comp., § 77-1101; 1953, ch. 61, § 1; 1953 Comp., § 75-11-1; Laws 1959, ch. 193, § 1; 1998, ch. 50, § 1; 2001, ch. 207, § 2; 2003, ch. 298, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.