New Mexico § 72-1-5 - Eminent domain; entry on property

§ 72-1-5. Eminent domain; entry on property

The United States, the state or any person, firm, association or corporation may exercise

the right of eminent domain, to take and acquire property and right-of-way [rights-of-way]

for the construction, maintenance and operation of reservoirs, canals, ditches, flumes,

aqueducts, pipelines or other works for the storage or conveyance of water for beneficial

uses, including the right to enlarge existing structures, and to use the same in common

with the former owner; any such right-of-way for canal, ditch, pipeline or other

means for the conveyance of water shall in all cases be so located as to do the least

damage to private or public property consistent with proper use and economical construction. Such property and right-of-way shall be acquired in the manner provided by the Eminent

Domain Code [ 42A-1-1 through 42A-1-33 NMSA 1978 ]. Subject to the provisions of Sections 42A-1-8 through 42A-1-12 NMSA 1978 , the engineers and surveyors of the United States, the state and of any person, firm

or corporation shall have the right to enter upon the lands and waters of the state

and of private persons and of private and public corporations, for the purpose of

making hydrographic surveys and examinations and surveys necessary for selecting and

locating suitable sites and routes for reservoirs, canals, pipelines and other waterworks.