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

N.M. Stat. § 72-5-5.1 (2026)

Purposes

✓ current as of May 2026
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The state of New Mexico recognizes the importance of public welfare and conservation of water in administering its public waters. This act affords standing for those asserting legitimate concerns involving public welfare and conservation of water in a manner which avoids unduly burdening the administrative and judicial processes.

History: Laws 1985, ch. 201, § 1.

ANNOTATIONS Compiler’s notes. — The term "this act," referred to at the beginning of the second sentence, means Laws 1985, ch. 201, which is compiled as 72-5-5, 72-5-5.1, 72-5-6, 72-5-7, 72-5-23, 72-5-24, 72-12-3, 72-12-7 and 72-12B-1 NMSA 1978.

Pueblo rights doctrine unduly interferes with the state’s regulation of water rights. State ex rel. Martinez v. City of Las Vegas, 2004-NMSC-009, 135 N.M. 375, 89 P.3d 47.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for diversion of surface water by raising surface level of land, 88 A.L.R.4th 891.

Notes of Decisions
Cited in 2 cases, 2003–2004 · leading case: State Ex Rel. Martinez v. City of Las Vegas, 89 P.3d 47 (N.M. 2004).
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State Ex Rel. Martinez v. City of Las Vegas, 89 P.3d 47 (N.M. 2004). · cites it 2× “1 (2003) (providing for the preparation and implementation of a comprehensive state water plan), with the important interest of conservation, see NMSA 1978, § 72-5-5.1 (1985) (recognizing “the importance of public welfare and conservation of water in administering [the State’s]…”
Turner Ex Rel. Manzano Resources v. Bassett, 81 P.3d 564 (N.M. Ct. App. 2003). · cites it 2× “, NMSA 1978, § 72-5-5.1 (1985) (recognizing the importance of public welfare and conservation of water in administering its public waters); § 72-12-3 (requiring application to the State Engineer, in the form prescribed by him, for the appropriation of any underground water, and…”
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