New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 26 - SURFACE WATER
Part 11 - DECLARATION OF THE GALLINAS RIVER WATER SUB-DISTRICT OF THE PECOS RIVER STREAM SYSTEM
Section 19.26.11.3 - STATUTORY AUTHORITY

A. Section 72-2-8 NMSA (1997 Repl.) authorizes the OSE to develop, adopt, and promulgate all rules necessary to implement and administer the provisions of the Water Code.

B. New Mexico law declares that all natural water flowing in streams and watercourses, whether such be perennial, or torrential, within the limits of the state of New Mexico, belong to the public and are subject to appropriation for beneficial use. NMSA 1978, Section 72-1-1(1907).

C. The state engineer has a statutory duty to provide general supervision of waters of the state and of the measurement, appropriation, distribution thereof and such other duties as required. NMSA 1978, Section 72-2-1(1907).

D. The state engineer has the responsibility for appropriation of the state's waters in accordance with the laws of the state. NMSA 1978, Section 72-2-1(1907); Const. Art. XVI, Section 2.

E. The state engineer is authorized to establish water districts upon any stream system within the state of New Mexico as necessary for the economical and satisfactory apportionment of said waters. NMSA 1978, Section 72-3-1(1907).

F. The state engineer is authorized to divide a stream system into sub-districts, each of which said sub-district shall be designated by a distinct name. NMSA 1978, Section 72-3-1(1907).

G. The state engineer is authorized, if in his opinion it is in the interest of public safety or the best interest of water users in a water district, to appoint a water master who shall have immediate charge of the apportionment of waters in his district under the general supervision of the state engineer, and shall so appropriate, regulate and control the waters of such water districts so as to prevent waste. NMSA 1978, Section 72-3-2(1907).