N.M. Stat. § 72-13-2
Supervision of artesian waters.
All artesian waters which have been declared to be public waters shall be under the
supervision and control of the state engineer, as provided by this act [72-13-1 to 72-13-
12 NMSA 1978], but where artesian conservancy districts have been duly organized
pursuant to Chapter 97 of the New Mexico Session Laws of 1931 [73-1-1 to 73-1-13,
73-1-16 to 73-1-23 NMSA 1978] and acts amendatory thereof, such districts shall have
concurrent power and authority with the state engineer to enforce the regulatory
provisions, as herein provided, insofar as the waters to be conserved and controlled by
the respective districts are affected.
This act shall not be construed to affect the provisions of Chapter 131 of the New
Mexico Session Laws of 1931 [72-12-1 to 72-12-10 NMSA 1978], being "An act relating
to underground waters, declaring certain underground waters to be public waters and
relating to the beneficial appropriation thereof and repealing Article 2 of Chapter 151 of
the New Mexico Statutes Annotated, 1929 Compilation," and the state engineer may
intervene on behalf of the state in any proceeding brought by or against any artesian
conservancy district where it is necessary for the proper protection or adjudication of
rights to the public waters of the state.