N.M. Stat. § 72-4-1
County drains; duty of state engineer; preliminary surveys;
eminent domain; surveys on private property; damage.
When requested by any of the boards of county commissioners of any of the
counties of the state, it is the duty of the state engineer, either himself or by an
authorized assistant engineer, to cooperate with the county commissioners in the
engineering work required to lay out, establish and construct any drain to be used by
any county or counties or portions of the same, for the purpose of diverting flood waters,
lakes, watercourses, and in general to aid and assist the counties of this state or their
authorized officers in making preliminary surveys and establishing systems of drainage
or any other engineering work; and whenever the board of county commissioners of any
county shall by order determine to lay out, establish and construct any drain to be used
by any county or counties or portions of the same, for the purpose of diverting flood
waters, lakes or watercourses or to establish systems of drainage, which shall require
that private property be taken or damaged, the county may exercise the right of eminent
domain to take and acquire real or personal property, right-of-way and privilege within or
without its corporate limits, necessary for its corporate purposes, in the manner
provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. Subject to
the provisions of Sections 42A-1-8 through 42A-1-12 NMSA 1978, the engineers and
surveyors of the state and of the county shall have the right to enter upon the property
of private persons and of private and public corporations for the purpose of making
hydrographic surveys and examinations and surveys necessary for selecting and
locating suitable sites and routes for any drain or drainage system.