How water rights work in New Mexico

Administered by New Mexico Office of the State Engineer · sources checked October 8, 2026

Doctrine
Prior appropriation, written into the state constitution
Administering agency
Office of the State Engineer
Scope
Both surface water and groundwater
New uses
Require a permit from the State Engineer

New Mexico isn't on the map yet. The State Engineer's public layer has no priority date or source name, and it carries owners' mailing addresses, which this site won't republish.

One agency for rivers and wells

In New Mexico all surface and groundwater belongs to the public and is subject to appropriation under prior appropriation, a principle in the state constitution. Senior rights take priority over junior ones in a shortage. The Office of the State Engineer has jurisdiction over both surface and groundwater, issues permits, and takes part in court adjudications that confirm existing rights.

Why New Mexico isn't on the map yet

The State Engineer's public map layer carries no priority date or source name, and it includes owners' mailing addresses, which this site won't republish. Until a cleaner public source exists, the OSE's own records are the place to look.

Sources

A plain-language summary, not legal advice. Rules change; the agency and a water-rights attorney are the people to ask about a specific right.