Any farmer, mayordomo of acequia or other person having charge of irrigation or drainage waters, who, through neglect, oversight, carelessness or design, shall allow irrigation or drainage waters to flow upon any public highway so as to hinder, delay or obstruct travel, or any person, who, through neglect, oversight, carelessness or design, shall allow water to flow from any reservoir, tank or watering trough upon any public highway, so as to hinder, delay or obstruct travel, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed twenty-five dollars ($25.00). History: Laws 1917, ch. 100, § 1; C.S. 1929, § 64-1305; 1941 Comp., § 58-607; 1953 Comp., § 55-6-7. ANNOTATIONSCross references. — For repairs required to prevent overflow, see 72-8-2 NMSA 1978. Failure to construct waterway under highway. — A landowner, who has conveyed a strip of land through her property to the highway commission (state transportation commission) for a road, without any conditions or reservations, and had at the time no ditches to convey water from one side of the road to the other, has no claim for damages against the contractor constructing the highway for not any conditions or reservations, and had at the time no ditches to convey water from one side of the road to the other, has no claim for damages against the contractor constructing the highway for not leaving a waterway under the roadbed. De Montoya v. Lee-Moor Contracting Co., 1932-NMSC-012, 36 N.M. 109, 9 P.2d 140. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 479. 40 C.J.S. Highways §§ 221, 229.
New Mexico Legal Code