N.M. Stat. § 4-50-17
[Powers and duties of superintendent.]
The said superintendent is hereby authorized and empowered in times of flood
emergency to order headgates of ditches to be closed, ditches to be cut, flood waters to
be drained through ditches or other channels already cut, or through ditches or
channels to be cut for that purpose; dikes, dams, embankments and other structures to
be erected, necessary labor to be employed, and necessary materials to be purchased,
and generally to do all things according to the necessity and emergency existing. The
superintendent and his agents, laborers and employes [employees] shall have the right
of entry upon all premises necessary to control and suppress flood emergencies, and
shall not be liable for any damage thereto except for any wanton or malicious injury. No
expenditures hereunder shall be made by any superintendent in excess of the moneys
in the emergency district flood funds at the time such expenditure is made. All moneys
paid out of the emergency district flood fund shall be paid by warrants drawn by the
board of county commissioners on vouchers filed and approved by the superintendent.
Any person who shall willfully hinder, delay or obstruct any superintendent, his agents,
laborers or employes [employees] from performing any of the duties imposed by this act
[4-50-10 to 4-50-17 NMSA 1978] shall be guilty of a misdemeanor and upon conviction
thereof shall be fined in a sum not to exceed fifty dollars [($50.00)], or imprisoned in the
county jail not to exceed thirty days, or suffer both such fine and imprisonment.