New Mexico § 73-2-64 - Interference with ditch; illegal water use; penalty; failure to prosecute; injunctive relief

§ 73-2-64. Interference with ditch; illegal water use; penalty; failure to prosecute; injunctive relief

A. A person shall not, contrary to the order of the mayordomo or commission, cut,

break, stop up or otherwise interfere with any community ditch or dam in this state,

or any contra or lateral acequia thereof, or take or use water from the same contrary

to such orders. A person who violates a provision of this section is guilty of a misdemeanor, and,

on complaint made before the nearest magistrate court, a warrant may issue for his

arrest, as in case of any other offense against the state. B. A criminal complaint for violations of the provisions of Subsection A of this section

may be made by the district attorney or the mayordomo or commission of the ditch or

acequia to the magistrate court in the county where the violation occurred. Upon conviction of a violation, the defendant shall be fined not less than three

hundred dollars ($300) or more than one thousand dollars ($1,000) and in default of

the payment of said fine, shall be confined in the county jail for a period of not

less than five nor more than thirty days. C. In addition to criminal prosecution, the district attorney or the mayordomo or

commission of the ditch or acequia may file a civil complaint seeking a civil penalty

not to exceed five thousand dollars ($5,000) for knowingly, intentionally or willfully

violating the provisions of Subsection A of this section. D. The remedies provided for in this section shall not be construed as limiting the

right of the party bringing the civil or criminal complaint from seeking damages. In addition to the remedies provided in this section, the district attorney or the

mayordomo or commission of the ditch or acequia may apply to the district court of

the county where the violation occurred for an injunction restraining any person from

violating or continuing to violate the provisions of Subsection A of this section. E. It is the duty of the mayordomo in charge of any such ditch or acequia to prosecute

in the name of the state any violation of this section whenever the mayordomo acquires

knowledge thereof, and the mayordomo's failure so to do shall be deemed a misdemeanor;

provided, however, that if the district attorney chooses to prosecute, the mayordomo

shall not be required to do so. On conviction of violating the provisions of this subsection, the mayordomo shall

be fined in a sum not less than twenty-five dollars ($25.00) or more than fifty dollars

($50.00) or by imprisonment in the county jail for not less than ten or more than

thirty days.