For the purposes of Sections 72-12-18 through 72-12-21 NMSA 1978, all underground waters of the state of New Mexico are hereby declared to be public waters and to belong to the public of the state of New Mexico and to be subject to appropriation for beneficial use. All existing rights to the beneficial use of such waters are hereby recognized.
§ 72-12-18 NMSA 1978
Underground waters declared to be public
Applied in 2 court decisions — leading case New Mexico v. General Electric Co. (2006)
Most recently applied in New Mexico v. General Electric Co. (October 2006)
1941 Comp., § 77-1122, enacted by Laws 1953, ch. 64, § 1; 1953 Comp., § 75-11-19; 1983, ch. 2, § 4.
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.