reglab/housing_qa huggingface dataset:
NM Stat § 72-2-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-3 - [Oath of office; bond.]

Before entering upon the duties of his office the state engineer shall take the oath as prescribed by law for state officials. He shall file with the secretary of the state, a bond, in the penal sum of ten thousand ($10,000) dollars, to be approved by the attorney general, and conditioned upon the faithful discharge of his duties and for delivery to his successor of all property belonging to the public then in his possession or control. History: Laws 1907, ch. 49, § 6; Code 1915, § 5659; C.S. 1929, § 151-106; 1941 Comp., § 77-203; 1953 Comp., § 75-2-3. ANNOTATIONSCross references. — For oath of office, see N.M. Const., art. XX, § 1. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 131, 132. Constitutional, statutory or charter provision as to time of taking oath of office and giving official bond as mandatory or directory, 158 A.L.R. 639. Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268. 81A C.J.S. States § 91.
NM Stat § 72-2-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-4 - Payment of accounts.

All claims for services rendered, expenses incurred or materials or supplies furnished under the direction of the state engineer and which are payable from the funds appropriated for the prosecution of the work under his direction and supervision, shall be approved by the state engineer and properly vouchered and filed with the secretary of finance and administration, who shall, if he finds the same to have been incurred in accordance with law, audit and allow such claims and issue his warrant on the treasurer in payment thereof. History: Laws 1907, ch. 49, § 7; Code 1915, § 5660; C.S. 1929, § 151-107; 1941 Comp., § 77-204; 1953 Comp., § 75-2-4; 1977, ch. 247, § 196. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees § 353. 81A C.J.S. States § 229.
NM Stat § 72-2-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-5 - Annual report.

The state engineer shall prepare and deliver to the governor, on or before November 30 of each year, a full report of the work of his office, including a detailed statement of expenditures thereof to and including June 30 of that year, with such recommendations for legislation and appropriation as he deems advisable. He shall also prepare and submit special reports on the work and expenditures of his office at all other times when required by the governor. History: Laws 1907, ch. 49, § 8; Code 1915, § 5661; C.S. 1929, § 151-108; Laws 1941, ch. 126, § 2; 1941 Comp., § 77-205; 1953 Comp., § 75-2-5; Laws 1977, ch. 254, § 93; 1982, ch. 10, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees § 354. 81A C.J.S. States § 229.
NM Stat § 72-2-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-7 - [Records to be public; certified copies as evidence.]

The records of the office of the state engineer are public records, shall remain on file in his office and shall be open to the inspection of the public at all times during business hours. Such records shall show all applications filed, with date of filing, and shall show in full all permits, certificates of completion of construction and licenses issued, together with all action thereon, and all action or decisions of the state engineer affecting any rights or claims to appropriate water. Certified copies of any records or papers on file in the office of the state engineer shall be evidence equally with the originals thereof; and when introduced as evidence shall be held as of the same validity as the originals. History: Laws 1907, ch. 49, § 10; Code 1915, § 5663; C.S. 1929, § 151-110; 1941 Comp., § 77-207; 1953 Comp., § 75-2-7. 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.
NM Stat § 72-2-9.2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-9.2 - Office of the state engineer; devices to measure river water.

The office of the state engineer shall purchase, install and study prototypes of alternative devices that accurately measure the flow of river water on a real-time basis. In carrying out the purpose of this section, the office of the state engineer shall consult with and utilize the services of the Los Alamos national laboratory, the Sandia national laboratories and the United States geological survey. History: Laws 2003, ch. 209, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 209 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
NM Stat § 72-2-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-10 - [Legal advisers; duties.]

The attorney general and the district attorney of the county in which legal questions arise, shall be the legal advisers of the state engineer, and shall perform any and all legal duties necessary in connection with his work, without other compensation than their salaries as fixed by law, except when otherwise provided. History: Laws 1907, ch. 49, § 38; Code 1915, § 5697; C.S. 1929, § 151-150; 1941 Comp., § 77-210; 1953 Comp., § 75-2-10. ANNOTATIONSCross references. — For review of state engineer's regulation, code or special order, prior to filing, by attorney general and district attorney, see 72-2-8 NMSA 1978. Section makes district attorney more than mere adviser since it requires him to "perform any and all legal duties necessary in connection with his work." 1964 Op. Att'y Gen. No. 64-127. District attorney may not represent applicant before state engineer on water and water right matters that arise in any of the counties within his jurisdiction as state has an interest in matters involving public water. 1964 Op. Att'y Gen. No. 64-127. Am. Jur. 2d, A.L.R. and C.J.S. references. — Counsel, power of water commissioners to employ, 2 A.L.R. 1212. 7A C.J.S. Attorney General § 7; 27 C.J.S. District and Prosecuting Attorneys § 10.
NM Stat § 72-2-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-11 - [Board of water commissioners abolished; pending appeals.]

That the board of water commissioners be and the same is hereby abolished, and that any and all records of said board shall, when this act becomes effective, be placed for safekeeping into the custody of the state engineer, provided that appeals pending before said board, together with all papers and records of same shall be transferred to the district court of the county wherein the work or point of desired appropriation, referred to in any such pending appeal or appeals, is situated, to be considered and disposed of by such district court as an appeal, as hereinbefore provided for. History: Laws 1923, ch. 28, § 4; C.S. 1929, § 151-176; 1941 Comp., § 77-211; 1953 Comp., § 75-2-11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 24 et seq. Incompatibility of offices of colonel and water commissioner, 26 A.L.R. 144, 132 A.L.R. 254, 147 A.L.R. 1419, 148 A.L.R. 1399, 150 A.L.R. 1444. 81A C.J.S. States § 141.
NM Stat § 72-2-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-12 - Hearing examiners.

In addition to the powers and authority, either express or implied, granted to the state engineer by other statutes of the state of New Mexico, the state engineer is hereby given the authority and power in formulating rules and regulations, subject to the provisions of Section 5 [72-2-17 NMSA 1978], in connection with hearings, or other proceedings before him to provide for the appointment of one or more examiners to conduct hearings with respect to matters properly coming before the state engineer and to make reports and recommendations with respect thereto. The state engineer, subject to the provisions of Section 5, shall promulgate, print and make available in the state engineer's office rules and regulations with regard to hearings to be conducted before examiners and the powers and duties of the examiners in any particular case may be limited by order of the state engineer to particular issues or to the performance of particular actions. In the absence of any limiting order, an examiner appointed to hear any particular case shall have the power to regulate all proceedings before him and to perform acts and to take all measures necessary or proper for the efficient and orderly conduct of such hearing, including the swearing of witnesses, receiving of testimony and exhibits offered in evidence subject to such objections as may be imposed, and shall cause a complete record of the proceedings to be made and shall make his report and recommendations in connection therewith to the state engineer. The state engineer shall base his decision rendered in any matter heard by an examiner upon the record made by or under the supervision of the examiner in connection with such proceeding and the report and recommendation of the examiner; and his decision shall have the same force and effect as if said hearing had been conducted by the state engineer. Persons appointed by the state engineer as hearing examiners shall be knowledgeable in the water laws of this state, water engineering and administrative hearing procedures. History: 1953 Comp., § 75-2-12, enacted by Laws 1965, ch. 285, § 1. ANNOTATIONSCross references. — For State Rules Act, see Chapter 14, Article 4 NMSA 1978. Only courts have power and authority to adjudicate water rights. State ex rel. Reynolds v. Lewis, 1973-NMSC-035, 84 N.M. 768, 508 P.2d 577. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 308 et seq. 81A C.J.S. States § 80.
NM Stat § 72-2-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-13 - Depositions, written interrogatories and administrative conferences.

A. In matters pertaining to the public waters of this state which are pending before the state engineer for administrative action, a party may take the testimony, by deposition on oral examination or written interrogatories, of any person including a party and any personnel of the state engineer's office, except the state engineer or his designated hearing examiner, and may request that the pending matter be set for an administrative conference before the state engineer in the manner and for the purposes established for discovery and for pretrial conferences by the Rules of Civil Procedure for the district courts of New Mexico. B. As used in this section, "party" means the applicant, the protestant and the state. History: 1953 Comp., § 75-2-12.1, enacted by Laws 1969, ch. 250, § 1. ANNOTATIONSCross references. — For rule relating to pretrial conference, see Rule 1-016 NMRA. For depositions and discovery, see Rules 1-026 to 1-037 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 327 et seq.
NM Stat § 72-2-14 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-14 - Subpoena power.

The state engineer or any examiner appointed by the state engineer to conduct hearings is hereby empowered to subpoena witnesses, to require their attendance and giving of testimony and to require the production of books, papers and records in any proceeding before the state engineer. History: 1953 Comp., § 75-2-13, enacted by Laws 1965, ch. 285, § 2. ANNOTATIONSCross references. — For rule relating to subpoenas, see Rule 1-045 NMRA. Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M. L. Rev. 105 (1973). Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 122 et seq. Power of administrative agency, in investigation of nonjudicial nature to issue subpoenas against persons not subject to agency's regulatory jurisdiction, 27 A.L.R.2d 1208. 81A C.J.S. States § 120.
NM Stat § 72-2-15 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-15 - Failure or refusal to comply with subpoena; refusal to testify; body attachment; contempt.

In case of failure or refusal on the part of any person to comply with any subpoena issued by said state engineer or his appointed examiner, or on the refusal of any witnesses to testify or to answer as to any matters regarding which he may be lawfully interogated [interrogated], the judge of any district court in this state, on application of the state engineer, may issue an attachment for such person and compel him to comply with such subpoena and to attend before the state engineer or his appointed examiner and produce such documents, and give his testimony upon such matters as may be lawfully required, and the judge shall have the power to punish for contempt as in the case of disobedience of a like subpoena issued by or from a district court or a refusal to testify therein. History: 1953 Comp., § 75-2-14, enacted by Laws 1965, ch. 285, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Adjudication suit to determine all claims to water's use in given stream system. — The object of an adjudication suit is to determine all claims to the use of the water in a given stream system in order to facilitate the administration of unappropriated waters and to aid in the distribution of waters already appropriated. State ex rel. Reynolds v. Pecos Valley Artesian Conservancy Dist., 1983-NMSC-044, 99 N.M. 699, 663 P.2d 358. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 146 et seq.
NM Stat § 72-2-17 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-17 - Hearing; notice; conduct; record.

A. After a written request for hearing has been filed, the state engineer shall notify the requestor, and all interested parties, by registered or certified mail, return receipt requested, of the hearing. The notice shall include: (1) the time, place, date and nature of the hearing, which time shall be not less than five nor more than sixty days from the date of filing of the request for hearing, provided that the state engineer may for good cause or upon stipulation of the parties set the hearing for a later date; and (2) the legal authority and jurisdiction under which the hearing will be held. B. In the conduct of the hearing: (1) opportunity shall be afforded all parties to appear and present evidence and argument on all issues involved; (2) irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be generally followed; however, when it is necessary to ascertain facts not reasonably susceptible of proof under these rules, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (3) a party may have and be represented by counsel and may conduct cross-examinations required for a full and true disclosure of the facts; (4) notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the state engineer's specialized knowledge; (5) oral proceedings or any part thereof shall be transcribed on request of any party; and (6) findings of fact shall be based exclusively on the evidence and on matters officially noticed. C. The state engineer or his appointed hearing examiner shall make a record of the hearing, which shall include: (1) all pleadings, motions, intermediate rulings; (2) evidence received or considered; (3) a statement of the matters officially noticed; (4) questions and offers of proof, objections and rulings thereon; (5) any proposed findings submitted; and (6) any decision, opinion or report by the state engineer or hearing examiner conducting the hearing. History: 1953 Comp., § 75-2-16, enacted by Laws 1965, ch. 285, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 261 et seq.
NM Stat § 72-2-19 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-19 - Advanced mapping fund; created.

A. The "advanced mapping fund" is created in the state treasury. The fund consists of appropriations and donations from the state and federal governments, political subdivisions of the state or private entities, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The office of the state engineer shall administer the fund, and money in the fund is subject to appropriation by the legislature for advanced mapping by the state engineer. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the state engineer or the state engineer's authorized representative.B. As used in this section, "advanced mapping" means mapping that uses technologies such as light detection and ranging; underground aquifer mapping; high-resolution aerial photography; and three-dimensional mapping.History: Laws 2019, ch. 18, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 18 contained no effective date provision, but, pursuant to N.M. Const., art, IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 72-2-20 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 2 - State Engineer|Section 72-2-20 - Notice of applications; online posting; notice by publication; objections.

When notice of an application is required to be provided pursuant to Section 72-5-4, 72-5A-5, 72-6-6, 72-12-3 or 72-12B-1 NMSA 1978:A. if the state engineer determines that notice of an application shall be published, the state engineer shall post electronically on the state engineer's website a notice that contains the essential facts of the application, the name of the newspaper in which the applicant will be required to publish notice, the contact information for the state engineer district office where the application and supporting documentation are located and the date by which objections may be filed, which shall be seventy days after the date of electronic posting on the state engineer's website;B. within five days of posting electronic notice on the state engineer's website, the state engineer shall issue instructions to the applicant to publish notice of the application in a form and in the newspaper prescribed by the state engineer once a week for three consecutive weeks and requiring that the last date of publication shall be no less than ten days prior to the date by which objections may be filed with the state engineer. The newspaper shall be one that is published and distributed in each county affected by the diversion and in each county where the water will be or has been put to beneficial use, or if there is no such newspaper, then the newspaper shall be one of general circulation in the stream system;C. the applicant shall file with the state engineer proof of publication as required within twenty days after the date of the last publication. In case of failure to file satisfactory proof of publication within the time required, the date of the application shall be the date of receipt of proofs of publication in proper form; andD. if the last of the three consecutive weekly publications does not occur within sixty days of the date the state engineer electronically posts the notice on the state engineer's website, the applicant shall request that the state engineer prepare a new notice and electronically post the notice as prescribed in Subsection A of this section and issue new instructions for newspaper publication as prescribed in Subsection B of this section.History: Laws 2019, ch. 88, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 88, § 8 made Laws 2019, ch. 88 effective July 1, 2019.
NM Stat § 72-3-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 3 - Water Districts and Water Masters|Section 72-3-1 - [Water districts; creation; change; subdistricts.]

The state engineer shall, from time to time, as may be necessary for the economical and satisfactory apportionment of water, divide the state in conformity with the drainage areas into water districts to be designated by names, and to comprise as far as possible one or more distinct stream systems in each district. Districts may be changed from time to time as may, in his opinion, be necessary for the economical and satisfactory apportionment of water. Provided, that the state engineer may, when in his opinion it shall be for the best interests of the state and the owners of water rights upon any stream system within the state of New Mexico, divide said stream system into subdistricts, each of which said subdistricts shall be designated by a distinct name. History: Laws 1907, ch. 49, § 13; Code 1915, § 5666; Laws 1919, ch. 131, § 2; C.S. 1929, § 151-113; 1941 Comp., § 77-301; 1953 Comp., § 75-3-1. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Section speaks to future. — This section, prior to amendment, and Section 72-3-2 NMSA 1978 would seem in no way to refer to old established water rights or community acequias, but to speak to the future and to provide for a condition of affairs to be brought about by districting of state under supervision of engineer. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86. Law reviews. — For article, "An Institutional Framework for a Water Market in the Elephant Butte Irrigation District," see 49 Nat. Resources J. 219 (2009). Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 3, 4, 6 et seq. 94 C.J.S. Waters § 243(1).
NM Stat § 72-3-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 3 - Water Districts and Water Masters|Section 72-3-3 - [Appeal from water master to state engineer authorized.]

Any person may appeal from the acts or decisions of the water master to the state engineer, who shall promptly and at a stated time and place to be fixed by him, upon due notice to the parties, hear and determine the matter in dispute, and his decision shall be final, unless an appeal is taken to the district court of the county, wherein the irrigation works or the irrigated lands involved in such dispute are situated, in conformity with the provisions of Sections 72-7-1 and 72-7-2 NMSA 1978. History: Laws 1907, ch. 49, § 15; Code 1915, § 5668; C.S. 1929, § 151-115; Laws 1935, ch. 78, § 1; 1941 Comp., § 77-303; 1953 Comp., § 75-3-3. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Law reviews. — For comment on Kelley v. Carlsbad Irrigation Dist., 71 N.M. 464, 379 P.2d 763 (1963), see 3 Nat. Resources J. 340 (1963).