Section 72-5-34 - State transportation commission; change of water use; application, notice and hearing

Whenever the state transportation commission makes application to the state engineer for a change of location of use, a change of method of use, change of point of diversion, advance withdrawals or withdrawals of accrued unused waters of any water right, whether such water right be for surface, subsurface, artesian or underground waters and whether or not either the location of the changed use or the location of the point of diversion or both be within or without the boundaries of any declared underground water basin or irrigation or conservancy district, and whatever the manner of acquisition of such water right, and such water right is to be used for the construction, reconstruction, maintenance or repair of public roads, streets, highways and airports, the state engineer may authorize such change of location of use, change of method of use, change of point of diversion, advance withdrawals or withdrawals of accrued unused water after publication and hearing as provided in Section 72-12-3 NMSA 1978, when in the opinion of the state engineer such change of location of use, method of use, point of diversion, advance withdrawals or withdrawals of accrued unused water will not be

72-12-3 NMSA 1978, when in the opinion of the state engineer such change of location of use, method of use, point of diversion, advance withdrawals or withdrawals of accrued unused water will not be detrimental to the other holders of valid water rights. History: 1953 Comp., § 75-5-32, enacted by Laws 1959, ch. 191, § 1; 2003, ch. 142, § 91. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. The 2003 amendment, effective July 1, 2003, added the section heading; substituted 'state transportation commission' for 'state highway commission' near the beginning of the section; and updated the statutory reference near the end of the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 273. Right to hasten by improvement of street or highway the flow of surface water along natural drainways, 5 A.L.R. 1530, 36 A.L.R. 1463.