Land Grant-Merced Digital Repository
Introduction
New Mexico is unique due in large part to its deep-rooted cultural traditions. Spanish and Mexican land grant-mercedes were established by grants of land made to both communities and individuals by the Spanish Crown or Mexican Government to encourage settlements in periods of New Mexico’s history. Acequias in the State of New Mexico are some of the oldest water management institutions in the United States and are integral to the New Mexican environment. These communities have historically carried the responsibility of maintaining these lands for traditional uses necessary for their survival.
The Treaty of Guadalupe Hidalgo pledged that “property of every kind” would be “inviolably respected” by the United States. Article VIII, Treaty of Guadalupe Hidalgo. The New Mexico Constitution reaffirms the cultural diversity of the state with a guarantee of additional rights.
“The rights, privileges and immunities, civil, political and religious guaranteed to the people of New Mexico by the Treaty of Guadalupe Hidalgo shall be preserved inviolate.” N.M. Const. Art II, Sec. 5. As the Attorney General, we have a special duty to protect the rights New Mexico’s traditional communities, and it has been a priority to address situations that threaten our land-based and most vulnerable communities’ way of life.
Brief History of the Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo was signed on February 2, 1848 and officially ended the Mexican-American War. The Treaty, and soon after the Protocol de Querétaro, explicitly recognized the personal and property rights of New Mexicans and Pueblo Indians brought under U.S. sovereignty. The U.S. developed procedures to validate land grants in the New Mexico territory in order to implement the Treaty and the Protocol de Querétaro provisions. Whether the U.S. carried out the provisions of the treaty with regard to community land grants has been a controversial issue as many land grant heirs, scholars and legal experts believe the U.S. did not protect the common lands of community land grants. The treaty was incorporated into New Mexico’s State Constitution in 1912 and is part of the state’s legal and cultural heritage.
Spanish and Mexican land grant-mercedes were established by grants of land made to both communities and individuals by the Spanish Crown or Mexican Government to encourage settlements in New Mexico from 1600s to the 1800s. These communities have historically carried the responsibility of maintaining these lands for farming, ranching and other traditional uses necessary for their survival. The Treaty of Guadalupe Hidalgo required an adjudication process for Spanish and Mexican land titles; however, land ownership based on a rural, communal system contrasted with the United States legal system, and many land grants were lost or significantly reduced. The land grant-mercedes that were retained through the adjudication process remain an irreplaceable source of New Mexico’s traditional values and historic cultural roots.
Acequias in the State of New Mexico are some of the oldest water management institutions in the United States and are integral to the New Mexican environment. The Treaty of Guadalupe Hidalgo recognized the importance of acequias as a century old practice and in 1851 the territory of New Mexico passed its first water laws. These community ditches bring water to agricultural fields across Northern New Mexico, and centuries-old traditions of water sharing are important examples of sustainable water use. Local communities in Bernalillo, Río Arriba, Taos and other counties statewide still clean their ditches, irrigate and elect their mayordomo and commissioners.
Land Grant & Acequia Legislative Leadership
New Mexico Land Grand Mercedes Platform of Information
Resources
- New Mexico Land Grant Council
- New Mexico Land Grant Consejo
- New Mexico Legislative Library
- New Mexico Acequia Commission
- New Mexico Acequia Association
- NM Statues Annotated 1978 Chapter 49 – Land Grants
- NMSA 1978 Statutes Chapter 73-2-65, 66, 67
- NM Water Laws Chapter 72
- New Mexico Legislative Leaders and Committees
- New Mexico Office of the State Engineer
- New Mexico Interstate Stream Commission
- NM Energy, Minerals and Natural Resources Department
- Middle Rio Grande Conservancy District
- NMSU Water Science and Management Graduate Degree Program
- New Mexico Water Data
- Water Advocates for New Mexico & Middle Rio Grande
