No person, firm, county or corporation, or other municipal corporation, shall sink, set or drive any post, pillars or piling in any of the drains or ditches constructed under the provisions of this article for the purpose of erecting any bridge, trestle or covering over or across any such drain or ditch. All supports for any such bridges shall be entered or placed on the banks of such drain or watercourse so as not to obstruct the flow of water therein. No person taking water for any purpose, from any drain or ditch, constructed under the provisions of this article, shall take said water in such manner as to obstruct the flow of water in, or in any way diminish the efficiency of, said drain or ditch. Any person who shall violate any of the foregoing provisions of this section or who shall place logs, brush or any other like substances, or fell trees into them, which will obstruct the flow of water in any of the drains or watercourses constructed in whole or in part under the provisions of this article, or in any stream which will flow through such improvement, and any public officer or any employe [employee] who shall fail or refuse to perform any of the duties required by this article, shall be deemed guilty of a misdemeanor, and shall be liable for all damages caused thereby.
History: Laws 1912, ch. 84, § 81; Code 1915, § 1957; C.S. 1929, § 40-186; 1941 Comp., § 77-1955; 1953 Comp., § 75-20-55.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The 1915 Code substituted "this article" for "this act." Laws 1912, ch. 84. § 81 was codified as Code 1915, ch. 31, art. 1, now compiled as 73-6-1 to 73-6-17, 73-6-25 to 73-6-44, 73-7-1 to 73-7-24, 73-7-37, 73-7-38 and 73-7-40 to 73-7-56 NMSA 1978.
Cross references. — For general prohibition of interference with use of water, see 72-8-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 33.
Obstruction or diversion of, or other interference with, flow of surface water as taking or damaging property within constitutional provision against taking or damaging without compensation, 128 A.L.R. 1195.
Liability for damages from obstruction of stream by debris or waste, 29 A.L.R.2d 447.
Municipality's liability for damage resulting from obstruction or clogging of drains or sewers, 59 A.L.R.2d 281.
28 C.J.S. Drains § 78; 93 C.J.S. Waters §§ 15, 20.
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.