N.M. Stat. § 3-53-1 (2026)

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.
3-53-1.1. New domestic water wells; municipal authority.
    A. A municipality may, by ordinance, restrict the drilling of new domestic water
wells, except for property zoned agricultural, if the property line of the applicant is within
three hundred feet of the municipal water distribution lines and the property is located
within the exterior boundaries of the municipality.

    B. No municipality may deny authorization for a new domestic water well permit to
an applicant if the total cost to the applicant of extending the municipal water distribution
line, meter and hook-up to the applicant's residence exceeds the cost of drilling a new
domestic water well.

   C. A municipality that fails to authorize the drilling of a new domestic water well shall
provide domestic water service within ninety days to the property owner under the
municipal water provider's usual and customary charges and rate schedules.

   D. A municipality shall file with the state engineer its municipal ordinance restricting
the drilling of new domestic water wells.

     E. An applicant for a domestic water well located within the exterior boundaries of a
municipality with a new domestic water well drilling ordinance shall obtain a permit to
drill the well from the municipality subsequent to the state engineer's approval.

  F. A municipality with a domestic water well drilling ordinance shall act upon a new
domestic water well permit application within thirty days of receipt of the request.

  G. A municipality shall notify the state engineer of all municipal permit denials for
domestic well authorization.

   H. An applicant may appeal the decision of the municipality to the district court in
the county of the municipality.

   I. Nothing in this section shall limit the authority of the state engineer to administer
water rights as provided by law.

   J. The state engineer shall not be liable for actions taken in accordance with a
municipal ordinance authorizing restriction of domestic well drilling within the exterior
boundaries of a qualified municipality.

History: Laws 2001, ch. 207, § 1.

                                      ANNOTATIONS

Cross references. — For state engineer, see 72-2-1 NMSA 1978 et seq.
Effective dates. — Laws 2001, ch. 207 contained no effective date provision, but,
pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after
adjournment of the legislature.

Strict compliance required. — Municipalities must strictly comply with the requirement
that they file ordinances restricting the drilling of domestic water wells with the office of
the state engineer. Providing notice of the ordinance and its content and substance to
the office of the state engineer is insufficient to satisfy 3-53-1.1 NMSA 1978. Stennis v.
City of Santa Fe, 2010-NMCA-108, 149 N.M. 92, 244 P.3d 787.

A municipal ordinance regulating domestic wells is not effective until it is filed with
the state engineer and does not have to track the language of this section. Stennis v.
City of Santa Fe, 2008-NMSC-008, 143 N.M. 320, 176 P.3d 309.