1. A. For the purpose of protecting its inhabitants from damage by flood waters, a municipality may construct and maintain within or without the municipality:

   1. (1) dikes;
   2. (2) dams;
   3. (3) embankments;
   4. (4) ditches;
   5. (5) storm sewers;
   6. (6) structures; or
   7. (7) excavations necessary to prevent flood waters from damaging property or threatening human lives within the municipality.
2. B. The municipality may change, extend, widen, deepen and raise the natural channel of any stream within or without the municipality or remove any obstruction in any stream within or without the municipality for the purpose of opening a channel and diverting flood waters.

History: 1953 Comp., § 14-42-1, enacted by Laws 1965, ch. 300.

ANNOTATIONS

Cross references. — For municipal powers regarding flood and mudslide hazard areas, see 3-18-7 NMSA 1978.

For county flood control, see 4-50-1 NMSA 1978 et seq.

Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Levees and Flood Control §§ 2, 4.

Flood protection measures, 5 A.L.R.2d 57.

Right of riparian owner to construct dikes, embankments, or other structures necessary to maintain or restore bank of stream or to prevent flood, 23 A.L.R.2d 750.

Injunctive relief against diversion of water by municipal corporation or public utility, propriety of, 42 A.L.R.3d 426.

Liability of governmental entity for issuance of permit for construction which caused or accelerated flooding, 62 A.L.R.3d 514.

52A C.J.S. Levees and Flood Control §§ 3, 4.