N.M. Stat. » Chapter 72 — Water Law
New Mexico Statutes

N.M. Stat. § 72-5-2 (2026)

Existing community ditches

✓ current as of May 2026
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None of the provisions of the preceding section [72-5-1 NMSA 1978] or Section 72- 2-6 NMSA 1978 shall apply to community ditches which are already constructed.

History: Laws 1913, ch. 62, § 3; Code 1915, § 5679; C.S. 1929, § 151-130; 1941 Comp., § 77-502; 1953 Comp., § 75-5-2.

Notes of Decisions
Cited in 2 cases, 2016–2016 · leading case: State Eng'r of New Mexico v. Diamond K Bar Ranch, LLC, 2016 NMSC 036 (N.M. 2016).
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State Eng'r of New Mexico v. Diamond K Bar Ranch, LLC, 2016 NMSC 036 (N.M. 2016). · cites it 5× “{9} Finally, Petitioners argued that the Ralston Ditch, as a community ditch constructed in the 1880s, is exempt from the permit requirements of NMSA 1978, Section 72-5-1 (1941) as stated in NMSA 1978, Section 72-5-2 (1913). See § 72-5-1 (requiring application to the State…”
State Eng'r v. Diamond K Bar Ranch, LLC, 2016 NMSC 36 (N.M. 2016). · cites it 5× “{9} Finally, Petitioners argued that the Ralston Ditch, as a community ditch constructed in the 1880s, is exempt from the permit requirements of NMSA 1978, Section 72-5-1 (1941) as stated in NMSA 1978, Section 72-5-2 (1913). See § 72-5-1 (requiring application to the State…”
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