Hagerman Irr. Co. v. East Grand Plains Drainage Dist.

Citations

• 25 N.M. 649
• 187 P. 555

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Artificial waters'are not subject to appropriation under the statutes of this state. P. 653</p> <p>2. Natural waters flowing in streams and water courses are subject to appropriation. Tile creator of an artificial flow of water is the owner of the water so long' as it is confined to his property, but when such artificial waters are deposited into a natural stream, and the creator of the flow has lost his dominion over the same, such waters become a part of the waters of the stream, and are subject to appropriation and use; but it is only after such waters reach the stream that they are subject to appropriation and use, and the appropriátor or user of such waters can acquire no right as against the creator of the flow to require him to continue supplying such waters to the stream. P. 656</p> <p>3. Where a drainage district, organized under the statutes of this state, constructs a drainage system, and the drainage ditch flows into an irrigation canal, no right on the part of the irrigation canal exists to require a continuation of such bow of water. P. 656</p>