New Mexico Constitution Article XVI - Irrigation and Water Rights
New Mexico Constitution – Article XVI: Irrigation and Water Rights
This article governs the ownership, use, and regulation of water in New Mexico—a critical issue given the state’s arid climate.
🔹 Article XVI – Irrigation and Water Rights: Summary
Section 1 – Preexisting Water Rights Protected
All existing rights to the use of water for any beneficial purpose are recognized and protected.
This means any person or entity that had a legal water right before the adoption of the constitution retains that right.
Section 2 – Water Belongs to the Public
Unappropriated water (not already legally claimed) is declared to be the property of the public.
The state controls and regulates the appropriation and use of this water for beneficial purposes.
Section 3 – Appropriation for Beneficial Use
Water can only be appropriated for beneficial uses (such as agriculture, domestic, municipal, industrial, etc.).
This section affirms the doctrine of prior appropriation ("first in time, first in right").
Section 4 – Priority of Water Rights
Water rights are subject to the rule of priority: earlier users have senior rights over later ones.
This legal doctrine is critical during shortages—senior rights holders receive water before junior rights holders.
Section 5 – Rights of Way for Water Infrastructure
Individuals or companies constructing ditches, canals, or pipelines for irrigation or mining have the right to acquire rights of way across others' lands (with compensation), facilitating access to water.
🌵 Why It Matters
Water is scarce in New Mexico, and this article enshrines a framework that prioritizes fairness, historical use, and conservation.
It supports agriculture, tribal water rights, urban development, and environmental management.
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