New Mexico § 72-1-2 - Water rights; appurtenant to land; priorities
Full text of New Mexico New Mexico Statutes Annotated § 72-1-2 — Water rights; appurtenant to land; priorities, with citation guidance and answers to common questions.
§ 72-1-2. Water rights; appurtenant to land; priorities
Beneficial use shall be the basis, the measure and the limit of the right to the use
of water, and all waters appropriated for irrigation purposes, except as otherwise
provided by written contract between the owner of the land and the owner of any ditch,
reservoir or other works for the storage or conveyance of water, shall be appurtenant
to specified lands owned by the person, firm or corporation having the right to use
the water, so long as the water can be beneficially used thereon, or until the severance
of such right from the land in the manner hereinafter provided in this article. Priority in time shall give the better right. In all cases of claims to the use of water initiated prior to March 19, 1907, the
right shall relate back to the initiation of the claim, upon the diligent prosecution
to completion of the necessary surveys and construction for the application of the
water to a beneficial use. All claims to the use of water initiated thereafter shall relate back to the date
of the receipt of an application therefor in the office of the territorial or state
engineer, subject to compliance with the provisions of this article, and the rules
and regulations established thereunder.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 72-1-2
What does New Mexico Statutes Annotated § 72-1-2 cover?
Section 72-1-2 ("Water rights; appurtenant to land; priorities") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 72-1-2?
A common citation format is "New Mexico Statutes Annotated § 72-1-2" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 72-1-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.