N.M. Stat. » Chapter 3 — Municipalities
New Mexico Statutes

N.M. Stat. § 3-53-1 (2026)

Regulation of watercourses, ponds, wells and cisterns

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A municipality may:

A. deepen, widen, dock-cover, wall, alter or change the channel of watercourses;

B. cleanse and purify waters, watercourses and canals;

C. drain or fill ponds on private property to prevent or abate nuisances;

D. construct, repair and regulate the use of vaults, cisterns, hydrants, pumps, bridges, viaducts, tunnels and wells; and E. regulate and authorize the construction of any ditch carrying water on, through or across any street.

History: 1953 Comp., § 14-54-1, enacted by Laws 1965, ch. 300.

ANNOTATIONS

Cross references. — For power of municipality to open, construct, repair, keep in order and maintain water mains, laterals, reservoirs, standpipes, sewers and drains, see 3-18- 25, 3-49-5 NMSA 1978.

For powers of municipalities regarding water facilities, see 3-27-1 NMSA 1978 et seq.

For metropolitan water boards, see 3-61-1 NMSA 1978 et seq.

For waterworks companies, see 62-2-1 NMSA 1978 et seq.

For community springs or tanks, see 72-10-1 NMSA 1978 et seq.

For public reservoirs, see 72-10-4 NMSA 1978 et seq.

Legislative intent. — The legislature did not intend, by implication, to empower cities to condemn, for street purposes, acequias used for irrigation purposes. Albuquerque v. Garcia, 1913-NMSC-006, 17 N.M. 445, 130 P. 118.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of rule of assessment for drainage improvement, 2 A.L.R. 625.

Overflow caused by diverting stream into new channel, 12 A.L.R. 187.

Percolation or seepage from ponded water, municipal liability for injury by, 38 A.L.R. 1248.

Constitutionality and construction of statutes and ordinances for protection of municipal water supply, 72 A.L.R. 673.

Validity, construction, and effect of statute, ordinance, or other measure involving chemical treatment of public water supply, 43 A.L.R.2d 453.

Bathing, swimming, boating, fishing, or the like, prohibition or regulation to protect public water supply, 56 A.L.R.2d 790.

Pipeline, municipal liability for damage by water escaping from, 20 A.L.R.3d 1294.

63 C.J.S. Municipal Corporations §§ 1049, 1051, 1053; 64 C.J.S. Municipal Corporations § 1807.

Notes of Decisions
Cited in 3 cases, 2006–2006 · leading case: Smith v. City of Santa Fe, 2006-NMCA-048, 133 P.3d 866.
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Smith v. City of Santa Fe, 2006-NMCA-048, 133 P.3d 866. · cites it 4× “" (internal quotation marks and citation omitted)); see NMSA 1978, §§ 72-12-1 to -28 (1931, as amended through 1998); NMSA 1978, § 3-53-1 (1965) (granting municipalities the authority to regulate, inter alia, wells); NMSA 1978, § 3-53-2 (1965) (granting municipalities the…”
Stennis v. City of Santa Fe, 2006-NMCA-125, 143 P.3d 756. · cites it 2× “{15} In light of the City’s authority pursuant to its status as a home rule municipality, we need not address Plaintiffs argument that the City was not expressly authorized to prohibit the drilling of a well pursuant to NMSA 1978, §§ 3-53-1, to -2 (1965). 3. The enactment of…”
Stennis v. City of Santa Fe, 143 P.3d 756 (N.M. Ct. App. 2006). · cites it 2× “{15} In light of the City's authority pursuant to its status as a home rule municipality, we need not address Plaintiff's argument that the City was not expressly authorized to prohibit the drilling of a well pursuant to NMSA 1978, §§ 3-53-1, to -2 (1965). 3. The enactment of…”
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