reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-22 - Bonding authority.

Whenever the secretary determines by written order that it is necessary to raise funds to provide for developing, operating and maintaining state parks or recreation areas, the state park and recreation division [state parks division] of the energy, minerals and natural resources department may issue and sell bonds of the state as provided for in the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978]. The purposes for which the bonds are to be issued and the amount of each bond issue shall be approved by the state board of finance before issuance of the bonds.
History:
1978 Comp., § 16-2-22, enacted by Laws 1965, ch. 280, § 3; 1977, ch. 254, § 119; 1987, ch. 234, § 24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "state park and recreation director" near the beginning of the first sentence and, towards the end, "the state park and recreation division of the energy, minerals, and natural resources department" for "the division" and made minor changes in language in the first sentence.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-23 - Form of bonds.

The state park and recreation division [state parks division], except as otherwise specifically provided in the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978], shall determine at its discretion the terms, covenants and conditions of state park and recreation bonds, including but not limited to date of issue, denominations, maturities, rate or rates of interest, call features, call premiums, registration, refundability and other covenants covering general and technical aspects of the issuance of the bonds. The bonds shall be in such form as the state park and recreation division shall determine, and successive issues shall be identified by alphabetical, numerical or other proper series or designation. Except with respect to bonds issued in book entry or similar form without the delivery of physical securities, signatures of the governor, state treasurer and director of the state park and recreation division shall be affixed in compliance with the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978], and the coupons, if any, attached to the bonds shall bear the facsimile signature of the state treasurer in office at the time of the preparation of the bonds.
History:
1978 Comp., § 16-2-23, enacted by Laws 1965, ch. 280, § 4; 1977, ch. 254, § 120; 1983, ch. 265, § 34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-24 - Sale of bonds.

Bonds issued under this State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] shall be sold at not less than par value plus accrued interest to the date of delivery, and may be sold at public or private sale, as determined by the state park and recreation director. If sold at public sale, the director shall give notice of the time, place and terms of the sale by publication in a newspaper published in Santa Fe, New Mexico, not less than ten days prior to date of sale. Bonds issued under the State Park and Recreation Bond Act shall not be purchased by the state investment officer or state investment council.
History:
1978 Comp., § 16-2-24, enacted by Laws 1965, ch. 280, § 5; 1977, ch. 254, § 121.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-25 - Proceeds from sale of bonds.

Proceeds from the sale of bonds issued under this State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] shall be deposited in a special fund in the state treasury and used solely for the purpose for which the bonds were authorized. Purchasers of the bonds are not responsible in any way for the application of the proceeds. The cost of preparing, advertising and selling the bonds, including any necessary expense for financial and legal services, shall be paid out of the proceeds.
History:
1978 Comp., § 16-2-25, enacted by Laws 1965, ch. 280, § 6.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-26 - Construction.

This State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] is sole authority for the authorization and issuance by the state park and recreation division [state parks division] of bonds authorized by the state board of finance, and the division may do anything necessary to carry out the powers granted by this State Park and Recreation Bond Act.
History:
1978 Comp., § 16-2-26, enacted by Laws 1965, ch. 280, § 7; 1977, ch. 254, § 122.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-27 - Tax exemptions.

The principal and income of bonds issued under the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] are exempt from all taxation by the state or any of its political subdivisions, except for inheritance and succession taxes.
History:
1978 Comp., § 16-2-27, enacted by Laws 1965, ch. 280, § 8.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-28 - Refunding.

Any bonds issued under the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] may be refunded under the terms of written orders issued by the director subject to any contractual limitations involved with outstanding bonds, claims or other obligations. Proceeds of refunding bonds shall be applied to retirement of the bonds to be retired or refunded, or placed in escrow to be applied to payment of the bonds upon presentation for payment by the holders. Refunding bonds shall be issued under all applicable conditions prescribed in the State Park and Recreation Bond Act for the issuance of original bonds.
History:
1978 Comp., § 16-2-28, enacted by Laws 1965, ch. 280, § 9; 1977, ch. 254, § 123.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-29 - Security; retirement of bonds.

The state park and recreation division [state parks division] of the energy, minerals and natural resources department may pledge for the retirement of bonds issued all or any part of the revenues to be produced from any project to be constructed with bond funds, all or any part of the governmental gross receipts tax distributions pursuant to Section 7-1-6.38 NMSA 1978, appropriated to the energy, minerals and natural resources department for state park and recreation area capital improvements and, except as may be prohibited by existing contractual arrangements, may also pledge money derived from the operation of present or future state parks or recreation areas or from gifts, donations, bequests or endowments for state park or recreation purposes or any portion of the same. Bonds are payable solely from the funds enumerated in this section and are not general obligations of the state.
History:
1978 Comp., § 16-2-29, enacted by Laws 1965, ch. 280, § 10; 1977, ch. 254, § 124; 1995, ch. 141, § 23.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
The 1995 amendment,
effective April 5, 1995, inserted "of the energy, minerals and natural resources department" and "all or any part of the governmental gross receipts tax distributions pursuant to Section 7-1-6.38 NMSA 1978, appropriated to the energy, minerals and natural resources department for state park and recreation area capital improvements" in the first sentence, and substituted "funds enumerated in this section" for "above funds" in the second sentence.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-30 - Police powers vested in director and state parks employees designated by the secretary.

A. The director of the state parks division and state parks division employees designated by the secretary are vested with general police power and shall be state park law enforcement officers with the authority of conservators of the peace within state parks and recreation areas. It shall be their duty to enforce the laws of the state and the rules and regulations of the energy, minerals and natural resources department within state parks and recreation areas. They shall have the further power of forcibly ejecting from a state park or recreation area a person who knowingly, willfully or wantonly violates a rule or regulation of the department within a state park or recreation area.
B. State park law enforcement officers, in emergency situations, shall be considered on duty and within the scope of their employment for employee benefits when they follow specific instructions from a duly qualified full-time peace officer and aid the peace officer in carrying out his duties. State park law enforcement officers shall respond in emergency situations, subject to the needs of the park to which they are assigned, and they shall have law enforcement powers outside the park so long as they follow specific instructions from the peace officer who requested aid.
C. As used in this section, "emergency" means a sudden, unexpected occurrence or an unforeseen combination of circumstances that calls for immediate action without time for deliberation.
History:
Laws 1935, ch. 57, § 17; 1941 Comp., § 4-117; 1953 Comp., § 4-9-19; Laws 1963, ch. 98, § 19; 1965, ch. 14, § 5; 1977, ch. 254, § 29; 1987, ch. 234, § 25; 2003, ch. 107, § 1.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state parks" for "park and recreation" in the section heading; added the Subsection A designation; in Subsection A, substituted "of the state parks division and state parks" for "and such state park and recreation" near the beginning, deleted "as may be" preceding "designated by the", inserted "shall be state park law enforcement officers" preceding "with the authority", substituted "a person" for "any and all persons" preceding "who knowingly, willfully", substituted "violates a" for "violate any" preceding "rule or regulation"; and added Subsections B and C.
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "director," "energy, minerals and natural resources department" for "state park and recreation division" and "of the department" for "of the state park and recreation division" and made minor changes in language throughout the section.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-31 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 16-2-31 NMSA 1978, as enacted by Laws 1983, ch. 18, § 9, relating to attorneys for the state park and recreation division, effective July 1, 1987. For present comparable provisions,
see
16-2-30, 16-2-32 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 3 - State Trails System › Section 16-3-1 - Short title.

This act [16-3-1 to 16-3-9 NMSA 1978] may be cited as the "State Trails System Act."
History:
1953 Comp., § 4-9A-1, enacted by Laws 1973, ch. 372, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
59 Am. Jur. 2d Parks, Squares, and Playgrounds §§ 5 to 7, 10 to 12.
81A C.J.S. States § 147.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 3 - State Trails System › Section 16-3-2 - Definitions.

As used in the State Trails System Act:
A. "local government" means any county, municipality or other political subdivision of the state and includes rural communities and unincorporated towns or villages in the state; and
B. "secretary" means the secretary of energy, minerals and natural resources.
History:
1953 Comp., § 4-9A-2, enacted by Laws 1973, ch. 372, § 2; 1977, ch. 254, § 32; 1987, ch. 234, § 27.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, deleted former Subsections A and B, which defined "division" and "director," respectively; redesignated former Subsection C as present Subsection A; and added Subsection B.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 3 - State Trails System › Section 16-3-3 - Purpose.

The purpose of the State Trails System Act is to provide public access to, and the enjoyment and appreciation of, the New Mexico outdoors in order to conserve, develop and use the natural resources of the state for purposes of health and recreation. It is the intent and purpose of the State Trails System Act to encourage horseback riding, hiking, bicycling and other recreational activities.
History:
1953 Comp., § 4-9A-3, enacted by Laws 1973, ch. 372, § 3.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 3 - State Trails System › Section 16-3-6 - Trails on federal lands; coordination with national trails system.

A. The secretary may establish and designate state recreational, scenic, historical and special use trails on lands under the jurisdiction of a federal agency when, in the opinion of the federal agency and the secretary, such lands may be so developed under the provisions of federal law and the provisions of Section 16-3-4 NMSA 1978.
B. Nothing in the State Trails System Act shall preclude a component of the state trails system from being a part of the national trails system. The secretary shall coordinate the state trails system with the national trails system and is directed to encourage and assist any federal studies for inclusion of New Mexico trails in the national trails system. The secretary may enter into written cooperative agreements for joint federal-state administration of any New Mexico component of the national trails system, provided such agreements for administration of land uses are not less restrictive than those set forth in the State Trails System Act.
History:
1953 Comp., § 4-9A-7, enacted by Laws 1973, ch. 372, § 7; 1977, ch. 254, § 36; 1987, ch. 234, § 30.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "division" throughout the section, "16-3-4 NMSA 1978" for "4-9A-4 NMSA 1953" at the end of Subsection A and "the State Trails System Act" for "this article" at the beginning of the first sentence in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
"Compliance with state standards" as requirement to granting right-of-way over federal public lands under § 505(a)(iv) of the Federal Land Policy and Management Act of 1976 (43 USCS § 1765(a)(iv)), 60 A.L.R. Fed. 386.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 3 - State Trails System › Section 16-3-7 - Violations; penalties.

Each person is guilty of a misdemeanor who shall:
A. willfully mutilate, deface or destroy any guidepost, notice, tablet, fence or other work which is for the protection or ornamentation of any state trail;
B. place along any trail or affix to any object in the right-of-way, without a written license from the secretary, any word, character or device designed to advertise any business, trade, profession, article, thing, matter or event; or
C. violate any rule or regulation adopted by the secretary in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to regulate the use of and prevent damage to lands within and adjacent to the state trails system.
History:
1953 Comp., § 4-9A-8, enacted by Laws 1973, ch. 372, § 8; 1977, ch. 254, § 37; 1987, ch. 234, § 31.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "division" in Subsections B and C.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 3 - State Trails System › Section 16-3-8 - Additional means of enforcement.

As an additional means of enforcing the provisions of the State Trails System Act and rules and regulations adopted by the secretary pursuant to that act, the secretary may seek injunctive relief, in the district court of the county where the violation occurs, against any violation or threatened violation of the act or any rules and regulations adopted pursuant thereto, and such relief shall be subject to the continuing jurisdiction and supervision of the district court and the court's powers of contempt. Any party aggrieved by any final judgment of the district court under this section may appeal to the court of appeals as in other civil actions.
History:
1953 Comp., § 4-9A-9, enacted by Laws 1973, ch. 372, § 9; 1977, ch. 254, § 38; 1987, ch. 234, § 32.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in the first sentence substituted "secretary" for "division" both places it appears, deleted the former second sentence, which read "The attorney general shall represent the division," and made minor language changes in the first sentence.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 3 - State Trails System › Section 16-3-9 - Limitation of liability of owners of land used for recreational purposes.

No person or corporation, or their successors in interest, who has granted a right-of-way or easement across his land to the energy, minerals and natural resources department for use in the state trails system shall be liable to any user of the trail for injuries suffered on the right-of-way or easement unless the injuries are caused by the willful or wanton misconduct of the grantor.
History:
1953 Comp., § 4-9A-10, enacted by Laws 1973, ch. 372, § 10; 1977, ch. 254, § 39; 1987, ch. 234, § 33.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "energy, minerals and natural resources department" for "division" and made a minor language change.
No duty to maintain trails or warn of dangerous conditions.
— Where a traveler has a right to ride a motorcycle over the trails on a landowner's property, the landowner has no duty to maintain the trails and has no duty to warn of dangerous trail conditions not created by the landowner.
Moore v. Burn Constr. Co.
, 1982-NMCA-087, 98 N.M. 190, 646 P.2d 1254.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-1 - Short title.

This act [16-4-1 to 16-4-8 NMSA 1978] may be cited as "El Rio Chama Scenic and Pastoral Act."
History:
1953 Comp., § 75-34A-1, enacted by Laws 1977, ch. 242, § 1.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-2 - Declaration of policy.

The preservation, protection and maintenance of the natural and scenic beauty of a designated portion of the Chama river and its immediate corridor is in the public interest and is compatible with the multiple use of New Mexico's natural resources. The designation of El Rio Chama scenic and pastoral river will enable the people of the area to enjoy the recreational, environmental and wildlife benefits of the river. Therefore, the legislature declares it to be in the public interest, in furtherance of sound environmental policy and for the good of the people, to establish a scenic and pastoral river known as El Rio Chama.
History:
1953 Comp., § 75-34A-2, enacted by Laws 1977, ch. 242, § 2.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-3 - Definitions.

As used in El Rio Chama Scenic and Pastoral Act [16-4-1 to 16-4-8 NMSA 1978]:
A. "corridor" means those lands immediately adjacent to the riverbed essentially from rim to rim or four hundred feet back from the river banks of the Rio Chama, whichever is less;
B. "pastoral" means those free-flowing segments of the river which are affected by the works of man but which still possess natural and scenic value. Included are areas with developed or partially developed shorelines;
C. "river" means a flowing body of water or any segment, portion or tributary thereof within the corridor, including rivers, streams, creeks, branches or small lakes;
D. "scenic" means those sections of the river that are free of impoundments, with shorelines remaining largely undeveloped, but which may be accessible in places by primitive roads; and
E. "secretary" means the secretary of energy, minerals and natural resources.
History:
1953 Comp., § 75-34A-3, enacted by Laws 1977, ch. 242, § 3; 1987, ch. 234, § 34.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, added Subsection E.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-4 - Designation.

The Chama river and its immediate corridor, from the boundary line between section 10 and 15, township 27 north, range 2 east just south of the El Vado dam downstream approximately thirty miles to where it is crossed by the U.S. forest service boundary in section 24, township 24 north, range 3 east, is designated as a scenic and pastoral river.
History:
1953 Comp., § 75-34A-4, enacted by Laws 1977, ch. 242, § 4.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-5 - Management.

A. The secretary shall administer the state-administered segment of El Rio Chama Scenic and Pastoral River and shall develop, by rule and regulation and after public hearings, a management plan and guidelines to realize the scenic and pastoral objectives of El Rio Chama Scenic and Pastoral Act [16-4-1 to 16-4-8 NMSA 1978]. The plan shall be prepared in cooperation with the appropriate federal agencies and shall include among other things:
(1) consideration for cooperative management arrangements between state and federal authorities; and
(2) measures to control recreational use of the designated river to protect the river's natural values.
B. The secretary shall seek the assistance and aid of the state game commission for resource and recreation management within the state-administered segment of El Rio Chama Scenic and Pastoral River.
C. The secretary shall report annually to the governor and to the legislature concerning the development and the administration of the cooperative federal-state management plan.
History:
1953 Comp., § 75-34A-5, enacted by Laws 1977, ch. 242, § 5; 1987, ch. 234, § 35.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "state park and recreation commission" once in each subsection and made a minor language change in Subsection A.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-6 - Land use and acquisition.

A. The secretary shall not condemn any land or interests in lands within El Rio Chama Scenic and Pastoral River under state jurisdiction.
B. The secretary may acquire, in furtherance of the objectives of El Rio Chama Scenic and Pastoral Act [16-4-1 to 16-4-8 NMSA 1978] and on behalf of the state, land, improvements or any interest within the boundaries of El Rio Chama Scenic and Pastoral River by purchase, lease, exchange or gift and enter into agreements with private landholders concerning the same at fair market value.
C. The secretary may accept and receive gifts and bequests of money or other property, including funds from the federal government, for purposes consistent with El Rio Chama Scenic and Pastoral Act.
D. El Rio Chama Scenic and Pastoral River shall be administered in such a manner as to protect and enhance the scenic and natural values which caused the river to be designated as a state scenic and pastoral river.
E. Nothing in El Rio Chama Scenic and Pastoral Act shall be construed as being incompatible with existing state property laws. Nothing shall be construed to be incompatible with regulation of river flow for flood control or beneficial uses of water.
History:
1953 Comp., § 75-34A-6, enacted by Laws 1977, ch. 242, § 6; 1987, ch. 234, § 36.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "state park and recreation commission" at the beginning of Subsections A, B and C.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-7 - Inclusion in national system.

Nothing in El Rio Chama Scenic and Pastoral Act [16-4-1 to 16-4-8 NMSA 1978] shall preclude the designated river from becoming part of the national wild and scenic rivers system. The secretary shall encourage and assist any federal studies for inclusion of El Rio Chama Scenic and Pastoral River in the national system and may enter into written cooperative agreements for joint federal and state administration of El Rio Chama Scenic and Pastoral River as a component of the national system. Such agreements shall recognize the established rights and culture of the area.
History:
1953 Comp., § 75-34A-7, enacted by Laws 1977, ch. 242, § 7; 1987, ch. 234, § 37.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "state park and recreation commission" near the beginning of the second sentence and made minor language changes.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-8 - Violations; injunctions.

Any person may be restrained and enjoined from engaging or continuing in an act which violates any provision of El Rio Chama Scenic and Pastoral Act [16-4-1 to 16-4-8 NMSA 1978] or any rule or regulation adopted pursuant to that act.
History:
1953 Comp., § 75-34A-8, enacted by Laws 1977, ch. 242, § 8; 1987, ch. 234, § 38.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, deleted "by proceedings instituted in the name of the state by the state attorney general or any district attorney of the state or by a special attorney of the state park and recreation commission at the request of the commission" following "any person may be restrained and enjoined" and made a minor language change at the end of the section.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-9 - Short title.

This act [16-4-9 to 16-4-17 NMSA 1978] may be cited as the "Rio Grande Valley State Park Act."
History:
Laws 1983, ch. 18, § 1.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-10 - Declaration of policy and funding intent.

A. The preservation, protection and maintenance of the natural and scenic beauty of a designated portion of the Rio Grande and its immediate corridor is in the public interest. The designation of the Rio Grande Valley state park will enable people to enjoy the recreational, environmental, educational and wildlife benefits of the river. Therefore, the legislature declares it to be in the public interest, in furtherance of sound environmental policy and for the good of the people to establish the Rio Grande Valley state park.
B. It is the intent of the Rio Grande Valley State Park Act [16-4-9 to 16-4-17 NMSA 1978] that the state parks division of the energy, minerals and natural resources department not bear the operating costs for the Rio Grande Valley state park except for the area within the Rio Grande nature center state park. The state may expend funds within the boundaries of the entire Rio Grande Valley state park as it deems appropriate.
History:
Laws 1983, ch. 18, § 2; 2005, ch. 31, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided that the energy, minerals and natural resources department not bear operating costs of the Rio Grande Valley state park except within the Rio Grande nature center state park and allowed the state to expend funds within the Rio Grande Valley state park as appropriate.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-11 - Definitions.

As used in the Rio Grande Valley State Park Act [16-4-9 to 16-4-17 NMSA 1978]:
A. "conservancy district" means the middle Rio Grande conservancy district;
B. "operating party" means the party designated by the secretary to manage the state park; and
C. "secretary" means the secretary of energy, minerals and natural resources.
History:
Laws 1983, ch. 18, § 3; 1987, ch. 234, § 39.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, deleted former Subsection B, which defined "division"; redesignated former Subsection C as current Subsection B and, in that subsection, substituted "secretary" for "division"; and added Subsection C.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-12 - Designation of boundaries.

The Rio Grande valley state park shall include lands owned and controlled by the middle Rio Grande conservancy district in the floodway of the Rio Grande, adjacent levees, service roads, riverside drains and conservancy district lands contiguous to the river in Bernalillo county, with the following exceptions:
A. private land in and adjacent to the floodway of the river;
B. lands held by public agencies other than the conservancy district;
C. lands of the Sandia and Isleta Indian pueblos in Bernalillo county;
D. lands within the municipal boundaries of the village of Corrales unless the governing body of the village of Corrales subsequently requests inclusion; and
E. a two-hundred foot strip on either side of the final center line of existing and proposed bridges whose alignment has been or may be approved by the urban transportation policy planning board of the middle Rio Grande council of governments.
History:
Laws 1983, ch. 18, § 4.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-13 - Management.

A. The provisions of the Rio Grande Valley State Park Act [16-4-9 to 16-4-17 NMSA 1978] shall not take effect until the secretary has fully executed a management agreement with an operating party, and shall cease to be in effect if the management agreement is terminated. The management agreement shall include a map delineating the boundaries of the park. The park shall be established when the management agreement is signed by the secretary and the designated representative of the operating party. A provision of the management agreement shall require twelve months' written notice prior to any termination taking effect.
B. The operating party shall administer the Rio Grande Valley state park. The operating party shall develop, after public hearings, a management plan for approval by the secretary which is consistent with the provisions of the feasibility study previously prepared that satisfies the requirements of Subsection G of Section 16-2-11 NMSA 1978, to realize the objectives of the Rio Grande Valley State Park Act. The plan shall be prepared in cooperation with the appropriate federal, state and local agencies and shall include among other things:
(1) consideration for cooperative management arrangements between state, federal, conservancy, flood control and municipal authorities;
(2) measures to control recreational use of the designated river to protect the river's natural values; and
(3) measures to minimize any adverse impact to the park caused by public transportation or other public improvement projects to be located in close proximity to the park.
C. The operating party may seek the assistance and aid of the game and fish department for resource and wildlife management within the Rio Grande Valley state park.
History:
Laws 1983, ch. 18, § 5; 1987, ch. 234, § 40.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "division" near the beginning of both Subsections A and B, "secretary" for "representative of the division" in the third sentence in Subsection A and "game and fish division of the energy, minerals and natural resources department" for "department of game and fish" in Subsection C.
Hearing on complaint alleging violations of act.
The plaintiff village was entitled to a hearing on its complaint alleging specifically that the defendant city failed to include in the operating plan measures to minimize the adverse impact of its bridge project, in violation of the Rio Grande Valley State Park Act.
State ex rel. Vill. of Los Ranchos de Albuquerque v. City of Albuquerque
, 1993-NMCA-147, 119 N.M. 169, 889 P.2d 204.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-14 - Land use and acquisition.

A. The secretary shall not condemn any land or interests in lands within the Rio Grande Valley state park under state jurisdiction.
B. The operating party may acquire, in furtherance of the objectives of the Rio Grande Valley State Park Act [16-4-9 to 16-4-17 NMSA 1978] and on behalf of the state, land, improvements or any interest within the boundaries of the Rio Grande Valley state park by purchase, lease, exchange or gift and enter into agreements with private landholders concerning the same at fair market value.
C. The secretary or operating party may accept and receive gifts and bequests of money or other property, including funds from the federal government, for purposes consistent with the Rio Grande Valley State Park Act.
D. The Rio Grande Valley state park shall be administered in such a manner as to protect and enhance the scenic and natural values of the Rio Grande.
E. Nothing in the Rio Grande Valley State Park Act shall be construed as being incompatible with existing state property laws. Nothing shall be construed to be incompatible with regulation of river flow for flood control, sediment control or beneficial uses of water or with the need for life saving, fire suppression, public health or emergency flood management.
F. Future public utility crossings, including but not limited to sewer lines, sewer outfalls, and water lines and facilities, are permitted uses in the park, subject to the following: such facilities shall be placed underground or in existing easements, provided that if such placement is determined by the utility not to be practical due to unusual environmental, economic or technical problems, the utilities shall make such findings and present them to the secretary for approval of placing the proposed facilities above ground or outside existing easements. The utility shall also demonstrate to the secretary that location of the proposed facility outside the park would cause undue hardship to the utility.
G. The Rio Grande Valley State Park Act shall not prohibit existing or future drainage or flood control projects approved by a county, municipality or flood control agency. Such projects shall be reviewed by the secretary, and the secretary, the operating party and the county, municipality or flood control agency shall cooperate to minimize adverse impact on the park caused by such projects.
History:
Laws 1983, ch. 18, § 6; 1987, ch. 234, § 41.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "division" in Subsections A, C, F, and G.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-15 - Violations; injunctions.

Any person may be restrained and enjoined from engaging or continuing in an act which violates any provision of the Rio Grande Valley State Park Act [16-4-9 to 16-4-17 NMSA 1978] or any rule or regulation of the secretary or any additional rule or regulation adopted pursuant to the Rio Grande Valley State Park Act.
History:
Laws 1983, ch. 18, § 7; 1987, ch. 234, § 42.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, deleted "by proceedings instituted in the name of the state or the operating party by the attorney general or any district attorney of the state or by a special attorney of the division or the operating party at the request of the division or the operating party" following "any person may be restrained and enjoined" at the beginning and substituted "secretary" for "division" near the end.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-16 - Joint powers.

The operating party, subsequent to satisfying the provisions of Subsection A of Section 5 [16-4-13 NMSA 1978] of the Rio Grande Valley State Park Act, and the conservancy district shall enter into a joint powers agreement to effectuate the provisions of the Rio Grande Valley State Park Act [16-4-9 to 16-4-17 NMSA 1978]; provided, however, that nothing in the Rio Grande Valley State Park Act shall be construed in such a way as to obstruct or interfere with the duties, operations, obligations, construction of new works or functions of the middle Rio Grande conservancy district as provided in Chapter 73, Articles 14 and 18 NMSA 1978 or the duties and obligations of the state of New Mexico under the Rio Grande Compact [72-15-23 NMSA 1978] or agreements or contracts between the conservancy district and federal agencies such as the United States department of interior, the bureau of reclamation and the United States army corps of engineers.
In the event the operating party and the conservancy district fail to negotiate a mutually acceptable joint powers agreement within one year from complying with the provisions of Subsection A of Section 5 of the Rio Grande Valley State Park Act, the operating party and the conservancy district shall submit any unresolved disputes to a mutually agreeable impartial arbitrator for binding arbitration.
History:
Laws 1983, ch. 18, § 8.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park › Section 16-4-17 - Repealed.

History:
Laws 1983, ch. 18, § 9; repealed by Laws 2005, ch. 31, § 2.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 31, § 2 repealed 16-4-17 NMSA 1978, as enacted by Laws 1983, ch. 18, § 9, relating to state appropriations, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-1 - Execution of compact.

The legislature hereby approves and the governor is authorized to enter into a compact on behalf of this state with the state of Colorado in the form substantially as follows:
CUMBRES AND TOLTEC SCENIC RAILROAD COMPACT
The state of New Mexico and the state of Colorado, desiring to provide for the joint acquisition, ownership and control of an interstate narrow gauge scenic railroad, known as the Cumbres and Toltec scenic railroad, within Rio Arriba county in New Mexico and Archuleta and Conejos counties in Colorado, to promote the public welfare by encouraging and facilitating recreation and by preserving, as a living museum for future generations, a mode of transportation that helped in the development and promotion of the territories and states, and to remove all causes of present and future controversy between them with respect thereto, and being moved by considerations of interstate comity, have agreed upon the following articles:
Article I
The states of New Mexico and Colorado agree jointly to acquire, own and make provision for the operation of the Cumbres and Toltec scenic railroad.
Article II
The states of New Mexico and Colorado hereby ratify and affirm the agreement of July 1, 1970, entered between the railroad authorities of the states.
Article III
The states of New Mexico and Colorado agree to make such amendments to the July 1, 1970 agreement and such other contracts, leases, franchises, concessions or other agreements as may hereafter appear to both states to be necessary and proper for the control, operation or disposition of the said railroad.
Article IV
The states of New Mexico and Colorado agree to the consideration of the enactment of such laws or constitutional amendments exempting the said railroad or its operations from various laws of both states as both states shall hereafter mutually find necessary and proper.
Article V
Nothing contained herein shall be construed so as to limit, abridge or affect the jurisdiction or authority, if any, of the interstate commerce commission over the said railroad, or the applicability, if any, of the tax laws of the United States to the said railroad or its operations.
History:
1953 Comp., § 69-12-4, enacted by Laws 1972, ch. 19, § 1.
ANNOTATIONS
Bi-state agency immune from property tax.
— The Cumbres and Toltec Railroad, a bi-state agency of New Mexico and Colorado, is immune from property taxes in the two states. 1990 Op. Att'y Gen. No. 90-18.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-1.1 - Short title.

Sections 16-5-1 through 16-5-7 NMSA 1978 and Sections 1 through 7 of this act [16-5-1.1, 16-5-8 tp 16-5-13 NMSA 1978] may be cited as the "Cumbres and Toltec Scenic Railroad Act".
History:
Laws 1989, ch. 26, § 1.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-2 - Ratification of compact.

The legislature hereby ratifies the "Cumbres and Toltec Scenic Railroad Compact" as it is set forth in Section 16-5-1 NMSA 1978 (being Laws 1972, Chapter 19, Section 1) signed at the city and county of Santa Fe, state of New Mexico, on the 11th day of December, A.D. 1974, by Bruce King, as governor of the state of New Mexico, pursuant to Section 16-5-1 NMSA 1978 and signed at the city and county of Denver, state of Colorado, on the 26th day of December, A.D. 1974, by John D. Vanderhoof, as governor of the state of Colorado, under authority of and in conformity with the provisions of Chapter 254 of the Session Laws of Colorado 1973. The consent of congress was given by Public Law 93-467, approved October 24, A.D. 1974, by the senate and house of representatives.
History:
1953 Comp., § 69-12-4.1, enacted by Laws 1977, ch. 350, § 1.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-3 - Cumbres and Toltec scenic railroad commission created.

There is created the "Cumbres and Toltec scenic railroad commission," an interstate agency authorized by the Cumbres and Toltec Scenic Railroad Compact. The commission shall be composed of four members, two of whom serve for the state of New Mexico and two of whom serve for the state of Colorado.
History:
1953 Comp., § 69-12-5, enacted by Laws 1977, ch. 350, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1977, ch. 350, § 2, repealed 69-12-5, 1953 Comp., relating to the effective date of the compact, and enacted a new section.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-4 - Appointment of members.

The two New Mexico members of the Cumbres and Toltec scenic railroad commission shall be appointed by the governor and shall serve at his pleasure. The members shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 69-12-6, enacted by Laws 1977, ch. 350, § 3.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-5 - Payment of the expenses of commission.

The New Mexico share of the expenses of the commission and the reimbursement of the New Mexico members may be paid out of funds appropriated by the legislature and other revenue and user fees collected pursuant to Section 16-5-11 NMSA 1978 not needed for railroad loan retirement. Fees and revenues collected by the commission are appropriated to the commission.
History:
1953 Comp., § 69-12-7, enacted by Laws 1977, ch. 350, § 4; 2005, ch. 156, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided that expenses of the commission may be paid from user fees and other revenues not needed for railroad loan retirement and are appropriated to the commission.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-6 - Exemptions.

The Cumbres and Toltec scenic railroad commission is exempt from compliance with the Personnel Act [Chapter 10, Article 9 NMSA 1978] and the Public Purchases Act.
History:
1953 Comp., § 69-12-8, enacted by Laws 1977, ch. 350, § 5.
ANNOTATIONS
Compiler's notes.
— Former 13-1-1 NMSA 1978 was the short title for the Public Purchases Act (former 13-1-1 through 13-1-27 NMSA 1978), referred to in this section. Sections 13-1-1 to 13-1-20, 13-1-23 to 13-1-27 NMSA 1978, were repealed Laws 1984, ch. 65, § 175, leaving only 13-1-21 and 13-1-22 NMSA 1978 of the former Public Purchases Act remaining.
See now
the Procurement Code, 13-1-28 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-7 - Commission powers.

The Cumbres and Toltec scenic railroad commission shall have all powers necessary to effectuate the provisions of the Cumbres and Toltec Scenic Railroad Compact.
History:
1953 Comp., § 69-12-9, enacted by Laws 1977, ch. 350, § 6.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-8 - Definitions.

As used in the Cumbres and Toltec Scenic Railroad Act [16-5-1 to 16-5-13 NMSA 1978]:
A. "commission" means the Cumbres and Toltec scenic railroad commission; and
B. "railroad" means the Cumbres and Toltec scenic railroad.
History:
Laws 1989, ch. 26, § 2.