Land Grants-Mercedes and Acequias
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 settlement in New Mexico. Acequias in the State of New Mexico are some of the oldest water management institutions in the United States, like land grants-mercedes are pre-Territorial, and are integral to the New Mexican environment. Both land grant-merced and acequia communities have historically carried the responsibility of maintaining natural resources within their communities traditional, spiritual and economic uses necessary for their survival
The Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo was signed on February 2, 1848, and officially ended the Mexican-American War. The war resulted in Mexico ceding over half of its then-existing territory to the United States. 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 Treaty of Guadalupe pledged that “property of every kind” would be “inviolably respected” by the United States. Article VIII, Treaty of Guadalupe Hidalgo. The Treaty was incorporated into New Mexico’s State Constitution in 1912 and is part of the state’s legal and cultural heritage. 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.
Following the signing of the Treaty, the United States developed procedures to validate land grants in the New Mexico territory to implement the protections of the Treaty and the Protocol. Despite these protections, hundreds of thousands of acres of land granted to individuals and communities by the governments of Spain and Mexico for communal benefit were lost through the federal government’s land title confirmation process that followed the signing of the Treaty. Whether the United States carried out the protections of the Treaty with regard to community land grants has been a controversial issue.
"Righting the Record"
There is widespread consensus that the confirmation process was mired in confusion, corruption and lacked constitutional due process. In addition to losses resulting from the federal confirmation process, significant amounts of communal land were lost through adverse possession and adverse court decisions – decisions that have been criticized for their historical and legal accuracy.
In response to a federal report detailing the federal government’s post-Treaty obligations to land grants-mercedes, the NMDOJ in 2004 commissioned a report titled “Righting the Record” that highlights many of the negative impacts of the confirmation process on land grant-merced communities following the signing of the Treaty.
The Guadalupe Hidalgo Treaty Division, created in state statute in 2003, is charged with “review[ing], oversee[ing] and address[ing] concerns relating to the provisions of the Treaty of Guadalupe Hidalgo that have not been implemented or observed in the spirit of Article 2, Section 5 of the constitution of New Mexico”. NMSA 1978, §8-5- 18. The Division’s vision is to take a proactive approach to finding solutions and responding to the evolving needs of Land Grant-Merced and Acequia communities by providing legal support, policy development, training and outreach.
Land Grants-Mercedes
Spanish and Mexican land grants-mercedes were established by grants of land made to both communities and individuals by the Spanish Crown or Mexican Government to encourage settlement in New Mexico between the 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.
Land grants-mercedes are governed under Chapter 49, NMSA 1978. There are more than two-dozen land grants-mercedes explicitly identified in New Mexico’s statutes as political subdivisions of the state. Land grants-mercedes have numerous statutorily-granted authorities including planning and zoning and management over common lands.
More information on New Mexico’s land grants-mercedes can be found by visiting the following websites:
Acequias
Acequias are some of the oldest water management institutions in the United States and are integral to the New Mexican environment. In 1851 the territory of New Mexico passed its first water laws that incorporated the traditional governance structure of acequias. These community ditches bring water to agricultural fields across Northern New Mexico, and centuries-old traditions of water sharing, or repartimiento, are important examples of sustainable water use. Local communities throughout New Mexico still clean their ditches, irrigate and elect their mayordomo and commissioners. Acequias are found in 22 of New Mexico’s 33 counties, beginning on the New Mexico-Colorado border down through the Rio Grande corridor.
Acequias, or community ditches, are governed as political subdivisions of the state. Under New Mexico law, acequias are governed by three-member commissions. Each acequia also has a mayoromo that allocates water equitably based on available water supply to the members, or parciantes, of acequias. In 2004, the New Mexico legislature granted to acequias local decision-making authority over changes to the point of diversion, purpose of use or place of use of water rights served by the acequia.
More information on New Mexico’s Acequias can be found by visiting the following websites:
