§ 72-12-5 — [Declaration of beneficial use; verification; recording.]

New Mexico § 72-12-5

• Jurisdiction: New Mexico
• Ch. 72: Water Law
• Art. 12: Underground Waters

Text

Any person, firm or corporation claiming to be the owner of a vested water right from any of the underground sources in this act [72-12-1 to 72-12-10 NMSA 1978] described, by application of waters therefrom to beneficial use, may make and file in the office of the state engineer a declaration in a form to be prescribed by the state engineer setting forth the beneficial use to which said water has been applied, the date of first application to beneficial use, the continuity thereof, the location of the well and if such water has been used for irrigation purposes, the description of the land upon which such water has been so used and the name of the owner thereof. Such declaration shall be verified but if the declarant cannot verify the same of his own personal knowledge he may do so on information and belief. Such declarations so filed shall be recorded at length in the office of the state engineer and may also be recorded in the office of the county clerk of the county wherein the well therein described is located. Such records or copies thereof officially certified shall be prima facie evidence of the truth of their contents.

Legislative History

Laws 1931, ch. 131, § 5; 1941 Comp., § 77-1105; 1953 Comp., § 75-11-5.