Constitution of New Mexico (2025 publisher edition) — ARTICLE XVI

Publisher edition notice: This collection preserves the complete Secretary of State's 2025 compilation, identifying amendments through 2024, including the publisher's source notes and annotations. Later amendments have not been independently verified.

ARTICLE XVI

ARTICLE XVI Irrigation and Water Rights Sec. 1. Existing water rights confirmed. 2. Appropriation of water. 3. Beneficial use of water.

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170© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XVI – Irrigation and Water Rights Sec. 4. Drainage districts and systems. 5. Appeals in matters relating to water rights. 6. Water trust fund. Section 1. [Existing water rights confirmed.] All existing rights to the use of any waters in this state for any useful or beneficial pur- pose are hereby recognized and confirmed. Sec. 2. [Appropriation of water.] The unappropriated water of every nat- ural stream, perennial or torrential, within the state of New Mexico, is hereby declared to belong to the public and to be subject to appropriation for beneficial use, in accor- dance with the laws of the state. Priority of appropriation shall give the better right. Sec. 3. [Beneficial use of water.] Beneficial use shall be the basis, the measure and the limit of the right to the use of water. Sec. 4. [Drainage districts and systems.] The legislature is authorized to provide by law for the organization and operation of drainage districts and systems.

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171© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XVI – Irrigation and Water Rights Sec. 5. [Appeals in matters relating to water rights.] In any appeal to the district court from the decision, act or refusal to act of any state executive officer or body in matters relating to water rights, the proceeding upon appeal shall be de novo as cases originally docketed in the district court unless otherwise pro- vided by law. (As added November 7, 1967.) Sec. 6. [Water trust fund.] A. The "water trust fund" is created in the state treasury to conserve and protect the water resources of New Mexico and to ensure that New Mexico has the water it needs for a strong and vibrant future. The purpose of the fund shall be to secure a sup- ply of clean and safe water for New Mex- ico's residents. The fund shall consist of money appropriated, donated or otherwise accrued to the fund. Money in the fund shall be invested by the state investment officer as land grant permanent funds are invested, and there shall be strict accountability and oversight measures as provided by the state investment council to ensure appropriate safety of and return on investments. Earn-

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172© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XVII – Mines and Mining ings from investment of the fund shall be credited to the fund. Money in the fund shall not revert or be expended for any purpose, but an annual distribution shall be made to the water project fund, which shall be used only to support critically needed projects that preserve and protect New Mexico's wa- ter supply and is in accordance with Sub- section B of this section. B. On July 1, 2008 and each fiscal year thereafter, an annual distribution shall be made from the water trust fund pursu- ant to law, and that distribution shall then be appropriated by the legislature only for water projects consistent with a state water plan and as otherwise provided by law. (As added November 7, 2006.)