How can water rights be regarded in terms of ownership?

Water rights can be sold separately from land, which highlights the fact that in many jurisdictions, including New Mexico, water rights can exist independently of land ownership. This means that a property owner may have the right to use water resources without owning the land from which those resources derive.

In New Mexico, specific water regulations allow property owners to buy, sell, or lease water rights separate from the physical property. This can occur due to legal frameworks that govern water use, the prioritization of water resources for certain agricultural or industrial purposes, and the environmental considerations that sometimes necessitate separate management of water resources.

The concept of water rights being attached permanently to the land implies a level of permanence and can create limitations on how rights can be utilized or transferred. While some locations have "riparian" rights, where water rights are tied to the land, this is not necessarily the case in New Mexico, where water rights can be traded in a market-like system.

Ownership by the community suggests a collective aspect that does not align with individual ownership principles prevalent in New Mexico law. The notion of water rights being exclusive to governmental use constrains the understanding of both individual and commercial rights to water access in a way that does not reflect current property laws and regulations.