N.M. Stat. § 42-2-22
[Flood control; appropriation of land; compensation for
immediate use.]
The state or any political subdivision thereof, may also use the special alternative
procedure in eminent domain set forth in Sections 42-2-1 through 42-2-21 NMSA 1978
(being Laws 1959, Chapter 324, Sections 1 through 16 and Laws 1963, Chapter 248,
Sections 1 through 5) to the extent it is otherwise authorized by law to exercise the
power of eminent domain to acquire, either temporarily or permanently, public or
privately owned lands, real property or any interests therein for the acquisition,
construction, operation or maintenance of facilities for the carrying, channeling,
impounding or disposition of storm, flood or surface drainage waters.
Provided, however, that no order of entry to any property being taken under the
special alternative procedure for the acquisition, construction, operation and
maintenance of facilities for the carrying, channeling, impounding or disposition of
storm, flood or surface drainage waters may be granted until there is deposited with the
clerk of the district court a warrant for seventy-five percent of the amount offered as just
compensation for the immediate use, under such conditions as the court may deem
appropriate, of all persons having an estate or interest in such property, and the final
judgment shall not include interest from the date of such deposit on the amount of such
advance payment.