N.M. Code R. § 19.26.2.3
Chapter 72, Articles 1, 2, 5, 6, 7 and 9, NMSA. Section 72-1-1 NMSA provides that all natural waters flowing in streams and water courses belong to the public and are subject to appropriation for beneficial use. Section 72-2-1 NMSA gives the state engineer general supervision of waters of the state and of the measurement, appropriation and distribution thereof and such other duties as required. Section 72-2-8 NMSA gives the state engineer authority to adopt regulations and codes to implement and enforce any provision of any law administered by him and also provides the state engineer with authority to issue orders necessary to implement his decisions and to aid him in the accomplishment of his duties. Section 72-2-9 NMSA gives the state engineer authority over and supervision of the apportionment of water in this state according to the licenses issued by him and his predecessors and the adjudications of the courts. Section 72-9-1 NMSA gives the state engineer authority to regulate reservoirs, canals, pipelines or other works and the rights of the owners thereof. Nothing in these rules shall be construed so as to limit the state engineer's authority to take lawful alternative or additional actions relating to the management of surface water resources.
N.M. Code R. § 19.26.2.3