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Riparian rights are those rights and obligations awarded to landowners whose property is adjacent to or abutting a river or stream. Typically, landowners have the right to use the water as long as such use does not harm upstream or downstream neighbors.
All the water in the state belongs to the public, ing to the New Mexico Constitution. The right to use it is called a water right. The water-rights holder doesn't own the water, but the rights themselves are considered private property that may be sold or leased, with permission from the State Engineer.
In New Mexico, ownership of water rights is transferred by deed ? just as land is. Irrigation water rights are considered appurtenant to the land that is their designated place of use.
New Mexico law says that a declaration is legitimate proof of the water right, even if the claimant has no additional proof. prove because of how long ago the water right may have been initiated and the lack of living witnesses or old documentation.
Before you have a well drilled, you must first obtain a permit to drill from the Office of the State Engineer. If the source of groundwater is unclear, you may first acquire an exploratory permit. If that well produces water, you can then obtain the permit to use the water.
It holds that the owner of a lower parcel of land must accept the natural drainage from those parcels above his, and cannot alter the drainage pattern of his own land to increase the drainage flow onto parcels lower than his own. For this reason, this rule is sometimes referred to as the "natural flow rule".
The two main types of water rights followed in the US are riparian rights?which refers to the right of a property owner to use water that touches the borders of their property?and prior-appropriation water rights?in which the state grants a party the right to use certain waters.?