N.M. Stat. » Chapter 73 — Special Districts
New Mexico Statutes

N.M. Stat. § 73-2-10 (2026)

[Ownership of plants on banks.]

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All plants of any description growing on the banks of said ditches, or acequias, shall belong to the owners of the land through which said ditches or acequias run.

History: Laws 1851-1852, p. 277, § 16; C.L. 1865, ch. 1, § 24; C.L. 1884, § 11; C.L. 1897, § 17; Code 1915, § 5745; C.S. 1929, § 151-415; 1941 Comp., § 77-1410; 1953 Comp., § 75-14-10.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

No right to forage. — The law of the State of New Mexico does not recognize a limited forage right implicit in a right of way for the maintenance and enjoyment of a vested water right. Walker v. United States, 2007-NMSC-038, 142 N.M. 45, 162 P.3d 882.

Acequia as boundary. — Description in a written instrument calling for acequia as a boundary carries title to the center of the acequia. Tagliaferri v. Grande, 1911-NMSC- 052, 16 N.M. 486, 120 P. 730.

Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Walker v. United States, 2007-NMSC-038, 162 P.3d 882.
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Walker v. United States, 2007-NMSC-038, 162 P.3d 882. · cites it 4× “{52} NMSA 1978, § 73-2-10 (1953) is also directly contrary to the Walkers’ claim.”
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