New Mexico Rainwater Harvesting Encouragement

New Mexico is one of the most rainwater-friendly states. Although surface water is generally subject to prior appropriation under NMSA Chapter 72, the State Engineer has long taken the position that capturing precipitation from rooftops for on-site landscape use does not require a water right permit. The state actively promotes rainwater harvesting as a conservation strategy through the Office of the State Engineer and the New Mexico Environment Department. Some municipalities, including Santa Fe, even require rainwater catchment for new construction. Homeowners may collect from roofs into barrels or cisterns for irrigation use without state permitting.

Diverting natural watercourses or stream flow without a water right may violate NMSA Section 72-12-1 and trigger State Engineer enforcement, including curtailment orders and civil penalties.