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

N.M. Stat. § 73-5-9 (2026)

Rights-of-way; eminent domain

✓ current as of May 2026
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Such associations shall have the right of way over all property formerly belonging to the territory of New Mexico, for its canals, ditches or other works and shall have and exercise the same right to enter upon property to make surveys, and the same right to take and acquire property and rights-of-way for their reservoirs, canals, ditches and works, as is provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].

History: Laws 1909, ch. 76, § 9; Code 1915, § 5653; C.S. 1929, § 150-109; 1941 Comp., § 77-1609; 1953 Comp., § 75-17-9; Laws 1981, ch. 125, § 56.

ANNOTATIONS

The 1981 amendment substituted "right of way" for "right-of-way" near the beginning of the section, substituted "property" for "lands" twice in the section and substituted "the Eminent Domain Code" for "Section 5892" of the Code of 1915 at the end of the section. ARTICLE 6 Drainage Districts; Formation

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995).
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Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995). · cites it 2× “Water users’ associations Article 5 of Chapter 73 is unofficially entitled “Water Users’ Associations” and it is a completely separate body of law from the SPA.”
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