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

N.M. Stat. § 72-8-5 (2026)

[Diversion of water to other valleys; penalty.]

✓ current as of May 2026
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It shall be unlawful for any person, company or corporation to divert the waters of any public stream in New Mexico for use for reservoirs or other purposes in a valley other than that of any such stream, to the impairment of valid and subsisting prior appropriations of such waters.

Any violator of this section, shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisonment in the county jail for not less than one month nor more than three months, or both, in the discretion of the court.

History: Laws 1907, ch. 49, § 72; Code 1915, § 5729; C.S. 1929, § 151-178; 1941 Comp., § 77-705; 1953 Comp., § 75-7-5.

ANNOTATIONS

Cross references. — For diversion of water from one stream or drainage to another stream or drainage, see 72-5-26 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 294.

94 C.J.S. Waters § 313.

Notes of Decisions
Cited in 2 cases, 1977–1986 · leading case: Cano v. Lovato, 734 P.2d 762 (N.M. Ct. App. 1986).
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Cano v. Lovato, 734 P.2d 762 (N.M. Ct. App. 1986). “§ 72-8-5. Upon expiration of the redemption period, the county treasurer was required to execute tax deeds to the state for all unredeemed property, and any unredeemed properties were to be administered by the state tax commission for the benefit of the state.”
Huning v. Potts, 564 P.2d 612 (N.M. 1977). · cites it 2× “Section 72-8-5, N.M.S.A., 1953 1 applicable to this case, states: Title vested by Tax Sale — Easements— Possession — State As Purchaser.”
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