New Mexico § 72-4-17 - Suits for determination of water rights; parties; hydrographic survey; jurisdiction; unknown claimants

§ 72-4-17. Suits for determination of water rights; parties; hydrographic survey; jurisdiction; unknown claimants

In any suit for the determination of a right to use the waters of any stream system,

all those whose claim to the use of such waters are of record and all other claimants,

so far as they can be ascertained, with reasonable diligence, shall be made parties. When any such suit has been filed the court shall, by its order duly entered, direct

the state engineer to make or furnish a complete hydrographic survey of such stream

system as hereinbefore provided in this article, in order to obtain all data necessary

to the determination of the rights involved. Money heretofore spent on hydrographic surveys by the state engineer, but not assessed

against the water users on the effective date of this act, shall not be assessed against

the water users. The court in which any suit involving the adjudication of water rights may be properly

brought shall have exclusive jurisdiction to hear and determine all questions necessary

for the adjudication of all water rights within the stream system involved; and may

submit any question of fact arising therein to a jury or to one or more referees,

at its discretion; and the attorney general may bring suit as provided in Section 72-4-15 NMSA 1978 in any court having jurisdiction over any part of the stream system, which shall

likewise have exclusive jurisdiction for such purposes, and all unknown persons who

may claim any interest or right to the use of the waters of any such system, and the

unknown heirs of any deceased person who made claim of any right or interest to the

waters of such stream system in his lifetime, may be made parties in such suit by

their names as near as the same can be ascertained, such unknown heirs by the style

of unknown heirs of such deceased person and said unknown persons by the name and

style of unknown claimants of interest to water in such stream system, and service

of process on, and notice of such suit, against such parties may be made as in other

cases by publication.