reglab/housing_qa huggingface dataset:
NM Stat § 72-5A-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-10 - Annual report to state engineer; penalty for failure to file.

A. Each permittee shall file an annual report with the state engineer that includes: (1) the total quantity of stored water and recovered water; (2) the water quality of the stored water, the receiving aquifer and the recovered water; (3) a sworn affidavit attesting to the truthfulness and accuracy of the report's data; and (4) a measurement of the static level of the water table. B. The annual report shall be maintained on a calendar year basis and shall be filed with the state engineer no later than March 31 for the preceding year. If a governmental entity required to file an annual report fails to do so when due, the state engineer may assess and impose a penalty of five hundred dollars ($500) for each month or portion of a month that the report is not filed. The total penalty assessed annually pursuant to this subsection shall not exceed five thousand dollars ($5,000). C. All records and reports required to be maintained and filed pursuant to this section shall be in a form prescribed by the state engineer. History: Laws 1999, ch. 285, § 10. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-12 - Penalties.

A. A person who or governmental entity that is determined to be in violation of the Ground Water Storage and Recovery Act or a permit issued or rules adopted pursuant to the act may be assessed a civil penalty in an amount not exceeding: (1) one hundred dollars ($100) per day of violation not directly related to the illegal recovery or use of stored water; or (2) ten thousand dollars ($10,000) per day of violation directly related to the illegal recovery or use of stored water. B. An action to recover penalties pursuant to this section shall be brought by the state engineer in the district court in which the violation occurred. History: Laws 1999, ch. 285, § 12. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-13 - Conservation fee exemptions.

Conservation fees collected pursuant to Section 74-1-13 NMSA 1978 shall be charged only on water that is treated and stored underground and not on the same water subsequently recovered. History: Laws 1999, ch. 285, § 13. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-14 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-14 - Obligations to Indian nations, tribes or pueblos.

Nothing in the Ground Water Storage and Recovery Act shall be construed to affect the obligations of the United States to Indian nations, tribes or pueblos or to impair the rights of Indian nations, tribes or pueblos. History: Laws 1999, ch. 285, § 14. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-15 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-15 - Non-exemption from prior appropriation doctrine.

Unless required by interstate obligations, nothing in the Ground Water Storage and Recovery Act shall be construed to exempt stored water from the provision that priority in time shall give the better right pursuant to Chapter 72 NMSA 1978 or priority of appropriation shall give the better right pursuant to Article 16, Section 2 of the constitution of New Mexico. History: Laws 1999, ch. 285, § 15. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-16 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-16 - Limitation of determination.

Any determination made by the state engineer for purposes of the Ground Water Storage and Recovery Act is not binding in any other proceeding. History: Laws 1999, ch. 285, § 16. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-5A-17 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5A - Ground Water Storage and Recovery|Section 72-5A-17 - Delayed implementation.

A governmental entity shall not submit an application pursuant to the Ground Water Storage and Recovery Act and the state engineer shall not process an application, issue a regulation pursuant to that act or implement any part of that act unless the state engineer has been appropriated enough money or has sufficient resources to carry out the provisions of that act. History: Laws 1999, ch. 285, § 17. ANNOTATIONSEffective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 72-6-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 6 - Water-Use Leasing|Section 72-6-1 - Short title.

Chapter 72, Article 6 NMSA 1978 may be cited as the "Water-Use Leasing Act". History: 1953 Comp., § 75-40-1, enacted by Laws 1967, ch. 100, § 1; 2014, ch. 45, § 1; 2014, ch. 48, § 1. ANNOTATIONSThe 2014 amendment, effective May 21, 2014, added the NMSA chapter and article for the Water Leasing Act; and at the beginning of the sentence, deleted "This act" and added "Chapter 72, Article 6 NMSA 1978". Laws 2014, ch. 45, § 1 and Laws 2014, ch. 48, § 1, both effective May 21, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 48, § 1. See 12-1-8 NMSA 1978. Law reviews. — For article, "The Model Water Code, the Wise Administrator and the Goddam Bureaucrat," see 14 Nat. Resources J. 207 (1974). For article, "Transfer of Water Rights," see 29 Nat. Resources J. 457 (1989).
NM Stat § 72-6-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 6 - Water-Use Leasing|Section 72-6-2 - Definitions.

As used in the Water-Use Leasing Act: A. "owner" means a person who owns a valid water right; B. "lessee" means a person who leases the use of water from an owner; C. "person" means the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any political subdivision or public or private corporation; and D. "engineer" means the state engineer as appointed in Section 72-2-1 NMSA 1978. History: 1953 Comp., § 75-40-2, enacted by Laws 1967, ch. 100, § 2. ANNOTATIONSState liable for injuries in recreational park. — Sovereign immunity was waived since the plaintiff was injured by diving off a raft in a lake at a park, even though the original purpose of the lake may have been for storage and diversion of water. Under the lease between the stream commission (owner) and the recreation division (lessee), the park was to be used "for recreational purposes and for no other purpose," and the park was not used for diversion or storage of water at the time of the accident, but was in fact used only for swimming, diving, boating, fishing, and other recreational activities. Bell v. N.M. Interstate Stream Comm'n, 1993-NMCA-164, 117 N.M. 71, 868 P.2d 1296, cert. denied, 117 N.M. 121, 869 P.2d 820 (1994).
NM Stat § 72-6-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 6 - Water-Use Leasing|Section 72-6-4 - Lessee's application.

Prior to his use of such water, the lessee shall apply to the state engineer requesting approval for the use and location of use to which such water will be put. The engineer shall prescribe the form of such application and may require any information pertinent to the matter. History: 1953 Comp., § 75-40-4, enacted by Laws 1967, ch. 100, § 4. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 180.
NM Stat § 72-6-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 6 - Water-Use Leasing|Section 72-6-5 - Approval.

A. The state engineer shall approve the application if the applicant has reasonably shown that his proposed use and location of use is a beneficial use and: (1) will not impair any existing right to a greater degree than such right is, or would be, impaired by the continued use and location of use by the owner; and (2) will not be contrary to the conservation of water within the state or detrimental to the public welfare of the state. B. In the case of annual allotments of project water leased to a special water users' association from an irrigation district organized pursuant to Chapter 73, Article 10 NMSA 1978, if the state engineer determines that the proposed changes in place and purpose of use and point of diversion comply with the rules established pursuant to Subsection G of Section 73-10-48 NMSA 1978, the board of directors of the irrigation district may approve the application in accordance with the provisions of Section 73-10-48 NMSA 1978. History: 1953 Comp., § 75-40-5, enacted by Laws 1967, ch. 100, § 5; 1999, ch. 40, § 2; 2003, ch. 369, § 3. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. The 2003 amendment, effective July 1, 2003, inserted the designations in Subsection A and added Subsection B. The 1999 amendment, effective June 18, 1999, inserted "state" in the introductory language, added the Subsection A designation, and added Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 261 et seq. 93 C.J.S. Waters § 180.
NM Stat § 72-6-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 6 - Water-Use Leasing|Section 72-6-6 - Application; notice; protest; hearing.

A. Upon the filing of an application by a lessee, the state engineer shall proceed in accordance with the provisions of Section 1 [72-2-20 NMSA 1978] of this 2019 act regarding notice of the application.B. Any owner who believes the owner's water rights will be adversely affected by the granting of the application may file a protest. The protest shall be specific as to how the granting of the application will adversely affect the owner's water rights. The protest shall be filed in writing with the state engineer and a copy sent to the applicant by certified mail.C. If a protest is timely filed, the state engineer shall hold a hearing on the granting of the application, and the applicant and protestants shall be notified by the state engineer as to the date and place of the hearing.D. If no objections are filed, the state engineer may grant the application without hearing. If no objections are filed and the state engineer denies the application, the state engineer shall hold a hearing if requested to do so by the applicant. The request shall be filed with the state engineer within ten days after the denial of the application.E. If the state engineer grants the application but allows the applicant to use less water than the amount of water the owner would be allowed to use, the state engineer shall hold a hearing on the matter if requested to do so by the applicant. The request shall be filed with the state engineer within ten days after the granting of the application.F. In a hearing before the state engineer, a full record and transcript of the proceeding shall be kept by the state engineer.G. The provisions of this section do not apply to leases approved pursuant to Section 73-10-48 NMSA 1978.History: 1953 Comp., § 75-40-6, enacted by Laws 1967, ch. 100, § 6; 2003, ch. 369, § 4; 2019, ch. 88, § 5. ANNOTATIONSCross references. — For publication of legal notice, see Chapter 14, Article 11 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. The 2019 amendment, effective July 1, 2019, removed certain notice provisions and directed the state engineer to proceed under the new notice provisions of Section 72-2-20 NMSA 1978; in Subsection A, deleted "cause a notice of the filing to be published once a week for three consecutive weeks in a newspaper of general circulation in the county in which the water is situated" and added "proceed in accordance with the provisions of Section 1 of this 2019 act regarding notice of the application"; in Subsection B, deleted "within ten days after the last publication of notice of application"; and in Subsection C, after "If a protest is", added "timely".The 2003 amendment, effective July 1, 2003, inserted the subsection designations and added Subsection G. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 261 et seq. 93 C.J.S. Waters § 180.
NM Stat § 72-6-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 6 - Water-Use Leasing|Section 72-6-7 - Appeal.

The final ruling of the engineer on such hearing may be appealed by either the applicant or a protestant. Such appeal shall be governed by the provisions of Section 72-7-1 through Section 72-7-3 NMSA 1978. History: 1953 Comp., § 75-40-7, enacted by Laws 1967, ch. 100, § 7. ANNOTATIONSCross references. — For appeal de novo from decision, act or refusal to act of state executive officer or body in matters relating to water rights, see N.M. Const., art. XVI, § 5. For the state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 415 et seq. 94 C.J.S. Waters § 229.
NM Stat § 72-7-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 7 - Appeals from State Engineer|Section 72-7-2 - [Duty of state engineer to produce papers and data in case; certified copies.]

It shall be the duty of the state engineer, upon being served with notice of appeal as aforesaid, to forthwith transmit or produce before the district court to which appeal may be taken the papers, maps, plats, field notes and other data in his possession affecting the matter in controversy, or certified copies thereof, which copies shall be admitted in evidence as of equal validity with the originals. History: Laws 1907, ch. 49, § 64; Code 1915, § 5722; Laws 1923, ch. 28, § 2; C.S. 1929, § 151-174; 1941 Comp., § 77-602; 1953 Comp., § 75-6-2. ANNOTATIONSCross references. — For self-authentication of certified copies of public records, see Paragraph D of Rule 11-902 NMRA. For proof of official records, see Rule 11-1005 NMRA. For the state engineer, see 72-2-1 NMSA 1978. Section is not jurisdictional. — The procedures found in this section in no way help to take an administrative case out of the administrative framework; rather, they direct the action of the state engineer after jurisdiction with the district court has already been established. United Nuclear Corp. v. State ex rel. Martinez, 1994-NMCA-031, 117 N.M. 232, 870 P.2d 1390. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 327 et seq.
NM Stat § 72-7-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 7 - Appeals from State Engineer|Section 72-7-3 - [Decision of district court; compliance by state engineer; return of papers and data.]

The decision of the district court shall be binding on the state engineer who shall thereafter act in accordance with such decision unless within sixty days after the entry of such decision or judgment of the district court, an appeal shall be taken from the decision of the said district court. Appeals so taken shall be governed by the provisions of Chapter 43 of the Session Laws of 1917 relating to appeals taken from final judgments of the district court. A certified copy of the decision of the court, together with all original papers, maps, plats, field notes and other data transmitted by the state engineer to such court after the final determination of said cause shall be forthwith returned to said state engineer. History: Laws 1907, ch. 49, § 65; Code 1915, § 5723; Laws 1923, ch. 28, § 3; C.S. 1929, § 151-175; 1941 Comp., § 77-603; 1953 Comp., § 75-6-3. ANNOTATIONSCompiler's notes. — Laws 1917, ch. 43, referred to in this section, is deemed superseded by the Rules of Appellate Procedure. See Rule 12-101 NMRA et seq. Cross references. — For the state engineer, see 72-2-1 NMSA 1978. Time of filing notice of appeal. — Although a notice of appeal by the state engineer was filed within the time provided in this section, it was not filed within the time provided by the Rules of Appellate Procedure. The appeal was therefor untimely and the court was without jurisdiction to hear it. However, having jurisdiction of an appeal filed by other parties, and there being no prejudice to the parties, the state engineer's motion to be added as a party appellant was granted. Ensenada Land & Water Ass'n v. Sleeper, 1988-NMCA-030, 107 N.M. 494, 760 P.2d 787, cert. quashed, 107 N.M. 413, 759 P.2d 200. Service of notice, formerly. — Prior to 1923 amendment, notice of filing of petition for removal of appeal pending before commissioners, upon failure to act within ninety days, and application for certiorari, did not have to be served upon interested parties prior to issuance of writ, but only twenty days before pleading required, where service was made in county in which cause was pending. Orosco v. Gonzales, 1914-NMSC-038, 19 N.M. 130, 141 P. 617. Appeals from district court. — Appeals from the district court arising out of objection to a state engineer permit to transfer water rights under Section 72-7-3 NMSA 1978 are governed by Rule 12-201 NMRA rather than this rule. Town of Silver City v. Scartaccini, 2006-NMCA-009, 138 N.M. 813, 126 P.3d 1177. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 629 et seq. Right of public officer or board to appeal from a judicial decision affecting his or its order or decision, 117 A.L.R. 216. 93 C.J.S. Waters § 203.
NM Stat § 72-8-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 8 - Offenses and Penalties Under Water Act of 1907|Section 72-8-1 - [Injuring works; interference; misdemeanor; liability for damages; arrest; state engineer and water masters; right to enter private property.]

Any person, association or corporation interfering with or injuring or destroying any dam, headgate, weir, benchmark or other appliance for the diversion, carriage, storage, apportionment or measurement of water, or for any hydrographic surveys, or who shall interfere with any person or persons engaged in the discharge of duties connected therewith, shall be guilty of a misdemeanor, and shall also be liable for the injury or damage resulting from such unlawful act. The state engineer or any authorized assistant shall have power to arrest any person offending against the provisions of this section, and deliver him to the nearest peace officer of the county. It shall be the duty of the person making the arrest to make complaint at once before the court having jurisdiction thereof. The state engineer, the water masters and their authorized assistants, and agents may enter upon private property for the performance of their respective duties, doing no unnecessary injury thereto. History: Laws 1907, ch. 49, § 47; Code 1915, § 5706; C.S. 1929, § 151-159; 1941 Comp., § 77-701; 1953 Comp., § 75-7-1. ANNOTATIONSCross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978. For entry on property while making hydrographic surveys, see 72-4-1 NMSA 1978. For state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 204. Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193. 93 C.J.S. Waters § 150.
NM Stat § 72-8-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 8 - Offenses and Penalties Under Water Act of 1907|Section 72-8-2 - [Construction of bridges over ditches; failure of ditch owner to construct; misdemeanor; construction by county commissioners; liability of ditch owner; repair of ditches.]

The owner or owners of any ditch, canal or other structure for carrying or storing water, shall construct a substantial bridge where the same crosses any public road, with a passageway not less than fourteen feet wide; or reconstruct the road in a substantial manner and in a convenient location for public travel. Any violation of the provisions of this section shall be a misdemeanor. The county commissioners shall be authorized to construct such bridge or road, if not built by the owner of the work within three days after the obstruction of the road, and may recover the expense thereof and costs in a civil suit, unless the same shall be paid by the owner of the works within ten days after demand therefor. The county commissioners may make reasonable requirements as to the size and character of such bridges along public highways, or for the necessary reconstruction of roads, and upon failure to comply therewith, may do the necessary work and collect the expense thereof and costs as hereinbefore provided. After the construction of such bridge or road as part of a public highway, the same shall be maintained by the county commissioners. The owner or owners of any ditch, canal or other structure for carrying or storing water shall keep the same in good repair at the crossing of any highway or publicly traveled road or at other places where the water therefrom may flow over or in anywise injure any road or highway; and the commissioners shall require necessary repairs for the protection of the roads to be made or shall make them at the expense of the owners of such works and collect the expense thereof and costs as herein provided. History: Laws 1907, ch. 49, § 49; Code 1915, § 5708; C.S. 1929, § 151-161; 1941 Comp., § 77-702; 1953 Comp., § 75-7-2. ANNOTATIONSCross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978. For penalty for flooding highway, see 67-7-6 and 67-7-7 NMSA 1978. For construction of bridges by mayordomo, see 67-7-8 and 73-2-43 NMSA 1978. For liability for failure to construct good bridge at highway, see 67-7-9 NMSA 1978. For obstruction of drainage district ditches, see 73-7-55 NMSA 1978. For penalty for injuring conservancy district works, see 73-17-6 NMSA 1978. It is duty of acequia owners to build bridges, and of county commissioners to maintain them. 1917 Op. Att'y Gen. No. 17-2011. Maintenance or reconstruction. — When owner of ditch or canal crossing highway has once constructed substantial bridge meeting requirements of county commissioners, maintenance thereafter or reconstructing devolves on commissioners. 1930 Op. Att'y Gen. No. 30-64. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 76. 93 C.J.S. Waters § 186.