reglab/housing_qa huggingface dataset:
NM Stat § 72-4-20 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-20 - [Water rights on interstate streams in litigation; duty of state engineer; exception.]

In all cases where the rights of owners of land in this state to which water rights on interstate streams are appurtenant have been the subject of litigation in the state or federal courts of an adjoining state, it shall be the duty of the state engineer to assume control of all or any part of such interstate stream and of the diversion and distribution of the waters thereof and to administer the same in the public interest; provided, however, that this section shall not apply to conservancy districts, irrigation districts or federal reclamation projects in this state. History: Laws 1941, ch. 126, § 26; 1941 Comp., § 77-411; 1953 Comp., § 75-4-11. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Right to change diversion and storage points. — Since water statutes of Colorado and New Mexico have no extraterritorial effect, water company had right to change places of diversion and storage of water rights adjudicated to certain reservoirs from points in Colorado to points in New Mexico, provided such changes could be effected without injuriously affecting rights of other water users, and it was not necessary to obtain approval of such changes by New Mexico state engineer or Colorado court which entered decree of adjudication. Lindsey v. McClure, 136 F.2d 65 (10th Cir. 1943). Authority of state engineer limited. — Section negatives any authority in state engineer to exercise control over diversion and storage of water in New Mexico for beneficial use on land situated in Colorado. Lindsey v. McClure, 136 F.2d 65 (10th Cir. 1943). Injunction against enforcement of order. — Owner of water rights in interstate stream was entitled to injunction against enforcement of state engineer's order made without notice and hearing, which order forbade use of excess storage space of New Mexico reservoir, constructed primarily for storing unappropriated water to irrigate New Mexico land, for initial storage of water attributable to Colorado reservoirs with prior water rights, and to use New Mexico ditch to carry water to Colorado reservoirs, where such use would not affect other water users adversely. Lindsey v. McClure, 136 F.2d 65 (10th Cir. 1943). Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971). Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 340.
NM Stat § 72-4A-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-1 - Short title.

Chapter 72, Article 4A NMSA 1978 may be cited as the "Water Project Finance Act". History: Laws 2001, ch. 164, § 1; 2011, ch. 64, § 1. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, changed the statutory reference.
NM Stat § 72-4A-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-2 - Findings and purpose.

A. The legislature finds that: (1) New Mexico is in a desert where water is a scarce resource; (2) the economy depends on reasonable and fair allocation of water for all purposes; (3) the public welfare depends on efficient use and conservation of water; (4) New Mexico must comply with its delivery obligations under interstate compacts; and (5) public confidence and support for water use efficiency and conservation is based on a reasonable balance of investments in water infrastructure and management. B. The purpose of the Water Project Finance Act is to provide for water use efficiency, resource conservation and protection and fair distribution and allocation of New Mexico's scarce water resources for beneficial purposes of use within the state. History: Laws 2001, ch. 164, § 2; 2003, ch. 139, § 1. ANNOTATIONSThe 2003 amendment, effective April 3, 2003, in Subsection B substituted "New Mexico's" for "the" following "allocation of" near the end, and substituted "water resources for beneficial purposes of use within the state" for "resource to all users" at the end.
NM Stat § 72-4A-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-3 - Definitions.

As used in the Water Project Finance Act: A. "authority" means the New Mexico finance authority; B. "board" means the water trust board; C. "political subdivision" means a municipality, county, land grant-merced controlled and governed pursuant to Sections 49-1-1 through 49-1-18 or 49-4-1 through 49-4-21 NMSA 1978, regional or local public water utility authority created by statute, irrigation district, conservancy district, special district, acequia, soil and water conservation district, water and sanitation district or an association organized and existing pursuant to the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978]; D. "qualifying water project" means a water project recommended by the board for funding by the legislature; and E. "qualifying entity" means a state agency, a political subdivision of the state, an intercommunity water or natural gas supply association or corporation organized under Chapter 3, Article 28 NMSA 1978, a recognized Indian nation, tribe or pueblo, the boundaries of which are located wholly or partially in New Mexico or an association of such entities created pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] or other authorizing legislation for the exercise of their common powers. History: Laws 2001, ch. 164, § 3; 2003, ch. 139, § 2; 2011, ch. 64, § 2. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, broadened the scope of the act by designating land grant-merceds and regional and local water utility authorities as political subdivisions, and by designating intercommunity water and gas supply associations and corporations and associations created pursuant to the Joint Powers Act as qualified entities. The 2003 amendment, effective April 3, 2003, added "water and sanitation district or an association organized and existing pursuant to the Sanitary Projects Act" at the end of Subsection C; and added Subsection E.
NM Stat § 72-4A-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-5 - Board; duties.

The board shall:A. adopt rules governing terms and conditions of grants or loans recommended by the board for appropriation by the legislature from the water project fund, giving priority to projects that have been identified as being urgent to meet the needs of a regional water planning area that has a completed regional water plan that has been accepted by the interstate stream commission; that have matching contributions from federal or local funding sources available; and that have obtained all requisite state and federal permits and authorizations necessary to initiate the project;B. authorize qualifying water projects to the authority that are for:(1) storage, conveyance or delivery of water to end users; (2) implementation of federal Endangered Species Act of 1973 collaborative programs;(3) restoration and management of watersheds; (4) flood prevention; or(5) water conservation or recycling, treatment or reuse of water as provided by law;C. create a drought strike team to coordinate responses to emergency water shortages caused by drought conditions; andD. evaluate projects, including their environmental impacts, and recommend projects to the interstate stream commission pursuant to the provisions of Section 72-14-45 NMSA 1978. History: Laws 2001, ch. 164, § 5; 2003, ch. 139, § 3; 2003, ch. 365, § 1; 2011, ch. 64, § 3; 2021, ch. 64, § 2. ANNOTATIONSCross references. — For the federal Endangered Species Act of 1973, see 16 U.S.C.S. § 1531 et seq. The 2021 amendment, effective June 18, 2021, added Subsection D. The 2011 amendment, effective June 17, 2011, made stylistic changes. The 2003 amendment, effective June 20, 2003, added Paragraph B(5) and Subsection C.
NM Stat § 72-4A-5.1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-5.1 - Implementation of state water plan.

A. The board, in conformance with the state water plan and pursuant to the provisions of the Water Project Finance Act, shall prioritize the planning and financing of water projects required to implement the plan. B. The board shall identify opportunities to leverage federal and other funding. C. The board shall utilize the resources of its member agencies and entities whenever possible in implementing the state water plan. History: Laws 2003, ch. 131, § 2 and Laws 2003, ch. 137, § 2. ANNOTATIONSDuplicate laws. — Laws 2003, ch. 131, § 2 and Laws 2003, ch. 137, § 2, both effective June 20, 2003, enacted identical new sections.
NM Stat § 72-4A-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-6 - Authority; duties.

The authority shall: A. provide staff support for the board; B. develop application procedures and forms for qualifying entities to apply for grants and loans from the water project fund; and C. make loans or grants to qualifying entities for qualifying water projects authorized by the legislature; provided that the service area for the project is wholly within the boundaries of the state or the project is an interstate project that directly benefits New Mexico. History: Laws 2001, ch. 164, § 6; 2003, ch. 139, § 4; 2006, ch. 42, § 1. ANNOTATIONSThe 2006 amendment, effective May 17, 2006, provided in Subsection C that the authority may make loans or grants for interstate projects that directly benefit New Mexico. The 2003 amendment, effective April 3, 2003, substituted "qualifying entities" for "political subdivisions" once in Subsection B and once in Subsection C; and substituted "provided that the service area for the project is wholly within the boundaries of the state" for "authorized by the legislature" at the end of Subsection C.
NM Stat § 72-4A-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-7 - Conditions for grants and loans.

A. Grants and loans shall be made only to qualifying entities that: (1) agree to operate and maintain a water project so that it will function properly over the structural and material design life, which shall not be less than twenty years; (2) require the contractor of a construction project to post a performance and payment bond in accordance with the requirements of Section 13-4-18 NMSA 1978; (3) provide written assurance signed by an attorney or provide a title insurance policy that the qualifying entity has proper title, easements and rights of way to the property upon or through which a water project proposed for funding is to be constructed or extended; (4) meet the requirements of the financial capability set by the board to ensure sufficient revenues to operate and maintain a water project for its useful life and to repay the loan; (5) agree to properly maintain financial records and to conduct an audit of a project's financial records; (6) agree to pay costs of originating grants and loans as determined by rules adopted by the board; and (7) except in the case of an emergency, submit a water conservation plan with its application if required to do so and one is not on file with the state engineer, pursuant to Section 72-14-3.2 NMSA 1978. B. Plans and specifications for a water project shall be approved by the authority, after review and upon the recommendation of the state engineer and the department of environment, before grant or loan disbursements to pay for construction costs are made to a qualifying entity. Plans and specifications for a water project shall incorporate available technologies and operational design for water use efficiency. C. Grants and loans shall be made only for eligible items, which include: (1) to match federal and local cost shares; (2) engineering feasibility reports; (3) contracted engineering design; (4) inspection of construction; (5) special engineering services; (6) environmental or archaeological surveys; (7) construction; (8) land acquisition; (9) easements and rights of way; and (10) legal costs and fiscal agent fees. History: Laws 2001, ch. 164, § 7; 2003, ch. 138, § 5; 2003, ch. 139, § 5; 2003, ch. 365, § 2; 2011, ch. 64, § 4. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, made stylistic changes. The 2003 amendment, effective June 20, 2003, added the second sentence in Subsection B.
NM Stat § 72-4A-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-8 - Water trust fund; created; investment; distribution.

A. The "water trust fund" is created in the state treasury. The fund shall consist of money appropriated, donated or otherwise accrued to the fund. Money in the fund shall be invested by the state investment officer as land grant permanent funds are invested pursuant to Chapter 6, Article 8 NMSA 1978. Earnings from investment of the fund shall be credited to the fund. Money in the fund shall not be expended for any purpose, but an annual distribution shall be made to the water project fund in accordance with Subsection B of this section. B. On July 1 of fiscal year 2003 and on July 1 of each fiscal year thereafter, an annual distribution shall be made from the water trust fund to the water project fund in the amount of four million dollars ($4,000,000) until that amount is less than an amount equal to four and seven-tenths percent of the average of the year-end market values of the water trust fund for the immediately preceding five calendar years. Thereafter, the amount of the annual distribution shall be four and seven-tenths percent of the average of the year-end market values of the water trust fund for the immediately preceding five calendar years. History: Laws 2001, ch. 164, § 8. ANNOTATIONSEmergency clauses. — Laws 2001, ch. 164, § 11 contained an emergency clause and was approved April 3, 2001. Cross references. — For the water trust fund, see N.M. const. art. XVI, § 6.
NM Stat § 72-4A-9.1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-9.1 - Acequia project fund.

The "acequia project fund" is created in the state treasury. The fund shall consist of money appropriated, donated or otherwise accrued to the fund. The fund shall be administered by the authority. Income from investment of money in the acequia project fund shall be credited to the fund. Balances in the fund at the end of any fiscal year shall not revert to the general fund. The acequia project fund may consist of such subaccounts as the authority deems necessary to carry out the purposes of the fund. The authority may establish procedures and adopt rules as required to administer the fund and to recover from the fund costs of administering the fund. Money in the acequia project fund may be used to make grants to acequias for any project approved by the legislature. History: Laws 2004, ch. 85, § 1. ANNOTATIONSEffective dates. — Laws 2004, ch. 85 contained no effective date provision, but pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 72-4A-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-10 - Report to legislature.

The board shall report to the legislature no later than October 1 of each calender year the total expenditures from the water project fund, their purposes, an analysis of the accomplishments of the expenditures and recommendations for legislative action. History: Laws 2001, ch. 164, § 10. ANNOTATIONSEmergency clauses. — Laws 2001, ch. 164, § 11 contained an emergency clause and was approved April 3, 2001.
NM Stat § 72-4A-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4A - Water Project Finance|Section 72-4A-11 - Voiding of authorization.

The legislative authorization for a qualifying entity to receive a grant or loan from the water project fund for a project is void three years after that authorization is given, but this provision does not prohibit the legislature from authorizing a project that was previously authorized. History: Laws 2015, ch. 88, § 2. ANNOTATIONSEmergency clauses. — Laws 2015, ch. 88, § 3 contained an emergency clause and was approved April 8, 2015.
NM Stat § 72-4B-1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4B - Water Data|Section 72-4B-1 - Short title.

This act [72-4B-1 to 72-4B-4 NMSA 1978] may be cited as the "Water Data Act".History: Laws 2019, ch. 147, § 1. ANNOTATIONSEffective dates. Laws 2019, ch. 147 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 § 72-4B-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4B - Water Data|Section 72-4B-2 - Definitions.

As used in the Water Data Act:A. "agencies" means:(1) the bureau of geology and mineral resources of the New Mexico institute of mining and technology;(2) the interstate stream commission;(3) the office of the state engineer;(4) the department of environment; and(5) the energy, minerals and natural resources department;B. "data and information platform" means software, hardware and tools that collect, organize, integrate, distribute and archive water data that at a minimum:(1) integrate water data managed by state and local entities using consistent and standardized formats; and(2) integrate:(a) state and local government data on streamflow, precipitation, reservoir and irrigation system operations, ground water use and levels, municipal and industrial water use and land uses, but not including data from residential wells;(b) data on water rights, water diversions and water quality; and(c) data on fish, aquatic and riparian systems and ecological data; andC. "water data" means measurements of basic properties relating to the planning and management of water resources, including streamflow, precipitation, ground water, water quality and water use in agriculture, industry and municipal uses and natural systems.History: Laws 2019, ch. 147, § 2. ANNOTATIONSEffective dates. Laws 2019, ch. 147 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 § 72-4B-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4B - Water Data|Section 72-4B-3 - Water data agencies; duties; standards and best practices; annual plan.

A. By January 1, 2020, the agencies, as convened by the bureau of geology and mineral resources of the New Mexico institute of mining and technology, shall:(1) identify key water data, information and tools needed to support water management and planning;(2) develop common water data standards for data collection;(3) develop an integrated water data and information platform; and(4) identify available and unavailable water data.B. Water research undertaken with state funding shall comply with the common water data standards and best practices developed by the agencies.C. The agencies shall collaborate with other regional and national efforts to share, integrate and manage water data.D. Within two hundred seventy-five days of enactment of the Water Data Act, and thereafter annually by September 1 of each year, the agencies shall develop and submit a plan to the governor and the appropriate interim legislative committee that details:(1) an assessment of water data and information needs to support water management and planning;(2) goals, targets and actions to carry out the purposes of the Water Data Act in the upcoming fiscal year;(3) budgetary resources to carry out the purposes of the Water Data Act; and(4) metrics for achieving the purposes of the Water Data Act.History: Laws 2019, ch. 147, § 3. ANNOTATIONSEffective dates. Laws 2019, ch. 147 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 § 72-4B-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4B - Water Data|Section 72-4B-4 - Water data account.

The board of regents of the New Mexico institute of mining and technology shall establish a "water data account" to receive appropriations from the legislature and gifts, grants or donations for the bureau of geology and mineral resources to carry out the purposes of the Water Data Act.History: Laws 2019, ch. 147, § 4. ANNOTATIONSEffective dates. Laws 2019, ch. 147 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 § 72-5-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-2 - Existing community ditches.

None of the provisions of the preceding section [72-5-1 NMSA 1978] or Section 72-2-6 NMSA 1978 shall apply to community ditches which are already constructed. History: Laws 1913, ch. 62, § 3; Code 1915, § 5679; C.S. 1929, § 151-130; 1941 Comp., § 77-502; 1953 Comp., § 75-5-2.
NM Stat § 72-5-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 5 - Appropriation and Use of Surface Water|Section 72-5-3 - Application; amendment; refiling.

The date of receipt of such formal application in the state engineer's office shall be endorsed thereon and noted in his record. If the application is defective as to form, or unsatisfactory as to feasibility or safety of plan, or as to the showing of ability of the applicant to carry the construction to completion, it shall be returned with a statement of the corrections, amendments or changes required, within thirty days after its receipt, and sixty days shall be allowed for the refiling thereof. If refiled, corrected as required within such time, the application shall, upon being accepted, take priority as of date of its original filing, subject to compliance with the further provisions of the law and the regulations thereunder. Any corrected application filed after the time allowed [shall] be treated in all respects, except as to filing fees, as an original application received on the date of its refiling; provided, that the plans of the construction may be amended at any time upon the approval of the state engineer, except that a change in the proposed point of diversion of water from a stream or watercourse shall be subject to the provisions of Section 72-5-24 NMSA 1978 as amended and the rules and regulations of the state engineer. History: Laws 1907, ch. 49, § 25; Code 1915, § 5680; C.S. 1929, § 151-131; Laws 1941, ch. 126, § 7; 1941 Comp., § 77-503; 1953 Comp., § 75-5-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For application for permit, see 72-5-1 NMSA 1978. For changing point of diversion of community ditches, see 73-2-63 NMSA 1978. For the state engineer, see 72-2-1 NMSA 1978. Interstate irrigation project. — Project to irrigate lands in New Mexico from waters of natural stream running from Colorado into New Mexico, when point of diversion, headgate and about six miles of irrigation ditch were in Colorado, was not within jurisdiction of territorial engineer of New Mexico, and he was without authority to issue permit for such project. Turley v. Furman, 1911-NMSC-030, 16 N.M. 253, 114 P. 278. Amended filing required. — Since diversion dam and canals were different from work contemplated in original application, amended filing under this section was necessary. 1919 Op. Att'y Gen. No. 19-2435. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 21. 93 C.J.S. Waters § 180.