No inhabitant of this state shall have the right to construct any building of the impediment of the irrigation of lands or fields, such as mills or any other property that may obstruct the course of the water; as the irrigation of the fields should be preferable to all others.
History: Laws 1851-1852, p. 189, § 2; C.L. 1865, ch. 1, § 2; C.L. 1884, § 1; C.L. 1897, § 1; Code 1915, § 5734; C.S. 1929, § 151-404; 1941 Comp., § 77-1404; 1953 Comp., § 75-14-4.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For penalty for obstructing use of water, see 72-8-3 NMSA 1978.
City may not condemn community acequia for use as street. — City may not condemn community acequia in actual use for conducting water for irrigation of lands, for use as a street or for widening a street. City of Albuquerque v. Garcia, 1913-NMSC-006, 17 N.M. 445, 130 P. 118.
Equitable relief not always warranted. — Unlawful diversion of water from community acequia or naked trespass unaccompanied with great or irreparable damage or mischief will not warrant equitable relief. La Mesa Cmty. Ditch v. Appelzoeller, 1914-NMSC-033, 19 N.M. 75, 140 P. 1051.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 33.
28 C.J.S. Drains § 78.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.