Property Ownership
In New Mexico, water rights are critical because the state follows the doctrine of:
ARiparian rights, where landowners adjacent to water have full use
BPrior appropriation, where water rights are based on first-in-time use✓ Correct
CAbsolute ownership, where landowners own all water under their land
DCorrelative rights, where all landowners share water equally
Explanation
New Mexico follows the doctrine of prior appropriation, meaning water rights are based on first-in-time, first-in-right use. Water rights in New Mexico are separate from land ownership and are critical to disclose in real estate transactions.
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