reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 3 - Water Districts and Water Masters › Section 72-3-5 - [Reports by water master to state engineer.]

Each water master shall report to the state engineer, as often as may be deemed necessary by the engineer as to the amount of water needed to supply the requirements of his districts, the amount available, the works which are without their proper supply, the supply required during the period preceding his next regular report and such other information as the engineer may require. These reports shall, at the end of each irrigation season, be filed in the office of the state engineer. The state engineer shall give directions for correcting any errors of apportionments that may be shown by such reports.
History:
Laws 1907, ch. 49, § 17; Code 1915, § 5670; C.S. 1929, § 151-117; 1941 Comp., § 77-305; 1953 Comp., § 75-3-5.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-2 - [Authority to acquire water rights for development of county water supply system.]

Each board of county commissioners of any of the several counties of the state, in addition to all other powers vested in it, is empowered to acquire, by purchase or exchange upon such terms and conditions and in such manner as a commission may deem proper and to acquire by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use any water rights or any portion thereof within its county limits deemed necessary or proper for public use for the development of a county water supply system. Title to property so acquired or condemned shall be taken in the name of the county.
History:
1953 Comp., § 75-4-1.1, enacted by Laws 1959, ch. 286, § 1.
ANNOTATIONS
Condemnation power of board limited.
— Power granted boards of county commissioners under this section to condemn property for county water systems is subject to statutory limitations which grant counties the power to condemn property for the use of the county; therefore, counties cannot condemn property on behalf of mutual domestic water and/or sewage associations organized under Sections 3-29-1 to 3-29-19 NMSA 1978. 1967 Op. Att'y Gen. No. 67-50.
Law reviews.
— For article, "The Law of Prior Appropriation: Possible Lessons for Hawaii," see 25 Nat. Resources J. 911 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drains and Drainage Districts § 7.
Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752.
94 C.J.S. Waters § 234.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-3 - [Authority to establish county water supply system; purpose.]

The board of county commissioners of any county may under the provisions of this 1959 act [72-4-2 to 72-4-12 NMSA 1978], establish a county water supply system, which shall be located within this state and within the county, for the purpose of supplying water to the inhabitants of unincorporated communities of the county for domestic and sanitary purposes.
History:
1953 Comp., § 75-4-1.2, enacted by Laws 1959, ch. 286, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drains and Drainage Districts § 7.
94 C.J.S. Waters § 234.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-4 - Water revenue bonds; limitations; conditions of issuance.

The board of county commissioners in each county within the state is authorized to issue water revenue bonds of the county for the purpose of paying the cost of property acquired under the provisions of Sections 72-4-2 through 72-4-12 NMSA 1978 and for the construction of a water supply system. Bonds issued by a county under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 shall not be a general obligation of the county under the meaning of Article 9, Section 13 of the constitution of New Mexico. The bonds shall be payable solely out of the revenues derived from the projects financed by the bonds which are issued. Bond [Bonds] and coupons, if any, issued under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 shall never constitute an indebtedness of the county within the meaning of any state constitutional provision or statutory limitation and shall never constitute or give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers, and that fact shall be plainly stated on the face of each bond. The bonds may be executed and delivered at any time and from time to time, may be in the form and denominations, may be of the tenor, may be in registered or bearer form either as to principal or principal and interest, may be payable in installments and at the time or times not exceeding thirty years from their date, may be payable at the place or places, may bear interest at the rate or rates payable at the place or places, and evidenced in the manner, and may contain the provisions not inconsistent therewith, all as shall be provided in the resolution and proceedings of the board of county commissioners whereunder the bonds are authorized to be issued. Any bonds issued under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 may be sold at public or private sale in the manner and from time to time as may be determined by the board of county commissioners to be most advantageous, and the county may pay all expenses, attorneys and engineering fees, premiums and commissions which the board of county commissioners may deem necessary or advantageous in connection with the authorization, sale and issuance thereof. All bonds issued under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 and all interest coupons, if any, applicable thereto shall be construed to be negotiable.
History:
1953 Comp., § 75-4-1.3, enacted by Laws 1959, ch. 286, § 3; 1983, ch. 265, § 48.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drains and Drainage Districts §§ 19, 36.
20 C.J.S. Counties § 220.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-5 - [Water revenue bonds; security; restrictions and limitations.]

The principal of and interest on any bonds issued under the authority of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be secured by a pledge of the revenues out of which such bonds shall be made payable, and may be secured by a mortgage covering all or any part of the system from which the revenues so pledged may be derived.
The resolution and proceedings under which such bonds are authorized to be issued or any such mortgage may contain any agreement and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of all revenues from any system covered by such proceedings or mortgage, the maintenance and insurance of such system, the creation and maintenance of special funds from the revenues from such system, and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage, all as the board of county commissioners shall deem advisable and as shall not be in conflict with the provisions of this 1959 act; provided, however, that in making any such agreements or provisions a county shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The proceedings authorizing any bonds hereunder and any mortgage securing such bonds may provide the procedure and remedies in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement. No breach of any such agreement shall impose any pecuniary liability upon a county or any charge upon its general credit or against its taxing powers.
History:
1953 Comp., § 75-4-1.4, enacted by Laws 1959, ch. 286, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drains and Drainage Districts § 36.
94 C.J.S. Waters § 234.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-6 - [Determinations and findings prior to supplying water.]

Prior to supplying any water, the board of county commissioners must determine and find the following: the amount necessary in each year to pay the principal of and the interest on the water revenue bonds proposed to be issued to finance such system; the amount necessary to be paid each year into any reserve funds which the board of county commissioners may deem it advisable to establish in connection with the retirement of the proposed water revenue bonds and the maintenance of the system. The determinations and findings of the board of county commissioners required to be made in the preceding sentence shall be set forth in the proceedings under which the proposed water revenue bonds are to be issued and such findings shall be the basis for determining the cost of the water to the inhabitant consumers.
History:
1953 Comp., § 75-4-1.5, enacted by Laws 1959, ch. 286, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 234.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-7 - [Sale of water revenue bonds; application of proceeds; cost of acquiring system.]

The proceeds from the sale of any water revenue bonds issued under authority of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be applied only for the purpose for which the bonds were issued; provided, however, that any accrued interest and premiums received in any such sale shall be applied to the payment of the principal of or the interest on the water revenue bonds sold; and provided, further, that if for any reason any portion of such proceeds shall not be needed for the purpose for which the water revenue bonds were issued, then such balance of said proceeds shall be applied to the payment of the principal of or the interest on said water revenue bonds and provided further, that any portion of the proceeds from the sale of the water revenue bonds or any accrued interest and premium received in any such sale, may, in the event the money will not be needed, or cannot be effectively used to the advantage of the county for the purposes herein provided, be invested in short term, interest-bearing securities if such investment will not interfere with the use of such funds for the primary purpose as herein provided. The cost of acquiring any system shall be deemed to include the following: the actual cost of the construction of any part of a system which may be constructed, including attorney's and engineer's fees; the purchase price of any part of a system that may be acquired by purchase or condemnation; and the interest on such bonds for a reasonable time prior to construction, during construction, and for not exceeding six months after completion of construction.
History:
1953 Comp., § 75-4-1.6, enacted by Laws 1959, ch. 286, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drains and Drainage Districts § 34.
94 C.J.S. Waters § 243(6).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-8 - Water system cost paid from bond proceeds only.

No county that undertakes to acquire or establish a water supply system under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a water supply system. The entire cost of acquiring the system shall be paid out of the proceeds from the sale of water revenue bonds issued under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978.
History:
1953 Comp., § 75-4-1.7, enacted by Laws 1959, ch. 286, § 7; 1993, ch. 308, § 5.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, added the section heading, inserted the language beginning "that undertakes" and ending "72-4-12 NMSA 1978" in the first sentence, and substituted "the system shall" for "any system must" and "Sections 72-4-2 through 72-4-12 NMSA 1978" for "this 1959 act" in the second sentence.
Funding for acquiring water rights not restricted.
— This section applies only to the funding of water systems, and it does not restrict the funding for the acquisition of water rights in the same manner, such that a county may use ad valorem taxes to fund water contracts.
San Juan Water Comm'n v. Taxpayers & Water Users
, 1993-NMSC-050, 116 N.M. 106, 860 P.2d 748.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-9 - [Water revenue bonds shall be legal investments.]

Water revenue bonds issued under the provisions of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be legal investments for savings banks and insurance companies organized under the laws of this state.
History:
1953 Comp., § 75-4-1.8, enacted by Laws 1959, ch. 286, § 8.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-10 - [Water revenue bonds, income, security instruments, agreements and revenue exempt from taxation.]

The water revenue bonds authorized by this 1959 act [72-4-2 to 72-4-12 NMSA 1978] and the income from the water revenue bonds, all mortgages or other security instrument executed as security for the water revenue bonds, all agreements made pursuant to the provisions hereof and revenue derived therefrom by the county shall be exempt from all taxation by the state of New Mexico, or any subdivision thereof.
History:
1953 Comp., § 75-4-1.9, enacted by Laws 1959, ch. 286, § 9.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-11 - [Election by voters prior to issuance of bonds not required.]

This 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall not be construed as requiring an election by the voters of a county prior to the issuance of water revenue bonds hereunder by such county.
History:
1953 Comp., § 75-4-1.10, enacted by Laws 1959, ch. 286, § 10.
ANNOTATIONS
Effect of county-called referendum absent proper authority.
— In the absence of a constitutional reservation of the right of the people to hold referendum on county ordinances, and in the absence of a specific statutory authority requiring a referendum on ordinances, there is no authority for a county to call a voluntary referendum. Should such a referendum be held, it would not, regardless of its outcome, affect the adoption or validity of the ordinance. 1979 Op. Att'y Gen. No. 79-35.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-12 - [Notice, consent or approval by governmental body or public officer not required prior to issuance of bonds.]

No notice, consent or approval by any governmental body or public officer shall be required as a prerequisite to the sale or issuance of any water revenue bonds or the making of a mortgage under the authority of this 1959 act [72-4-2 to 72-4-12 NMSA 1978], except as provided in this 1959 act.
History:
1953 Comp., § 75-4-1.11, enacted by Laws 1959, ch. 286, § 11.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-13 - Hydrographic survey of state stream systems; duty of state engineer; dam and reservoir sites; cooperation with United States.

The state engineer shall make hydrographic surveys and investigations of each stream system and source of water supply in the state, beginning with those most used for irrigation, and obtaining and recording all available data for the determination, development and adjudication of water supply of the state including the location and survey of suitable sites for dams and reservoirs and the determination of the approximate water supply, capacity and cost of each. He is authorized to cooperate with the agencies of the United States engaged in similar surveys and investigations and in the construction of works for the development and use of the water supply of the state, expending for such purposes any money available for the work of his office, and may accept and use in connection with the operations of his office the results of the agencies of the United States.
History:
Laws 1907, ch. 49, § 19; Code 1915, § 5671; C.S. 1929, § 151-118; 1941 Comp., § 77-402; 1953 Comp., § 75-4-2; Laws 1977, ch. 254, § 94; 1982, ch. 10, § 6.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Section speaks of future.
— This section and Section 72-4-1 NMSA 1978 (prior to 1909 amendment) speak of future and have no application to water rights acquired prior to passage of act.
Pueblo of Isleta v. Tondre
, 1913-NMSC-067, 18 N.M. 388, 137 P. 86.
Hydrographic surveys prepared by United States.
— The state engineer may make use of all or part of a hydrographic survey prepared by the United States, but even if he does not accept the United States survey, it still may be offered into evidence at a state court trial involving the general adjudication of water rights.
U.S. ex rel. Acoma & Laguna Indian Pueblos v. Bluewater-Toltec Irrigation Dist.
, 580 F. Supp. 1434 (D.N.M. 1984),
aff'd
, 806 F.2d 986 (10th Cir. 1986).
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.
— 25 Am. Jur. 2d Drains and Drainage Districts §§ 22, 36.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-14 - [Cooperation with federal reclamation service; federal projects.]

The state engineer is hereby authorized and empowered to cooperate with the federal reclamation service or any other federal agency, in the making of hydrographic surveys upon any stream system which includes a federal irrigation or drainage project.
History:
Laws 1919, ch. 131, § 4; C.S. 1929, § 151-123; 1941 Comp., § 77-403; 1953 Comp., § 75-4-3.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 333.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-16 - [Reports of hydrographic surveys; filing with state engineer; copies as evidence.]

All reports of hydrographic surveys of the waters of any stream system, or parts thereof, and other surveys heretofore or hereafter made by the state engineer, or under his authority, or by any engineer of the United States, or any other engineer, in the opinion of the state engineer qualified to make the same, may, when made in writing and signed by the party making the same, be filed in the office of such state engineer, and the originals or certified copies thereof, made by such state engineer, shall be received and considered in evidence in the trial of all causes involving the data shown in such survey, the same as though testified to by the person making the same, subject to rebuttal, the same as in ordinary cases.
History:
Laws 1919, ch. 124, § 1; C.S. 1929, § 151-121; 1941 Comp., § 77-405; 1953 Comp., § 75-4-5.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Hydrographic surveys prepared by United States.
— The state engineer may make use of all or part of a hydrographic survey prepared by the United States, but even if he does not accept the United States survey, it still may be offered into evidence at a state court trial involving the general adjudication of water rights.
U.S. ex rel. Acoma & Laguna Indian Pueblos v. Bluewater-Toltec Irrigation Dist.
, 580 F. Supp. 1434 (D.N.M. 1984),
aff'd
, 806 F.2d 986 (10th Cir. 1986).
Law reviews.
— For comment, "Indian Pueblo Water Rights Not Subject to State Law Prior Appropriation," see 17 Nat. Resources J. 341 (1977).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 4 - Surveys, Investigations and Adjudication of Rights › Section 72-4-18 - [Suits concerning water rights; submission of facts to jury or referee.]

In any suit concerning water rights, or in any suit or appeal provided for in this article, the court may in its discretion submit any question of fact arising therein to a jury, or may appoint a referee or referees to take testimony and report upon the rights of the parties.
History:
Laws 1907, ch. 49, § 37; Code 1915, § 5696; C.S. 1929, § 151-149; 1941 Comp., § 77-407; 1953 Comp., § 75-4-7.
ANNOTATIONS
Compiler's notes.
— The 1915 Code substituted "this article" for "this act." For meaning of "this article,"
see
compiler's note to 72-4-17 NMSA 1978. For meaning of "this act,"
see
compiler's note to 72-4-15 NMSA 1978.
Cross references.
— For use of advisory jury,
see
Paragraph B of Rule 1-039 NMRA.
For appointment of masters and referees,
see
Rule 1-053 NMRA.
Law reviews.
— For comment, "Indian Pueblo Water Rights Not Subject to State Law Prior Appropriation," see 17 Nat. Resources J. 341 (1977).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 93 C.J.S. Waters § 203.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, changed the statutory reference.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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; and
D. 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Duplicate laws.
— Laws 2003, ch. 131, § 2 and Laws 2003, ch. 137, § 2, both effective June 20, 2003, enacted identical new sections.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, made stylistic changes.
The 2003 amendment,
effective June 20, 2003, added the second sentence in Subsection B.
2023 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.
ANNOTATIONS
Emergency 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 2001, ch. 164, § 11 contained an emergency clause and was approved April 3, 2001.
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 2015, ch. 88, § 3 contained an emergency clause and was approved April 8, 2015.
2023 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.
ANNOTATIONS
Effective 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.
2023 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; and
C. "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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 5 - Appropriation and Use of Surface Water › Section 72-5-5 - Objections to applications; filing of protests; definition of standing.

A. If objection or protest to the application is timely filed, the state engineer shall advise interested parties, and a hearing shall be held as otherwise provided by statute.
B. Any person, firm or corporation or other entity objecting that the granting of the application will be detrimental to the objector's water right shall have standing to file objections or protests. Any person, firm or corporation or other entity objecting that the granting of the application will be contrary to the conservation of water within the state or detrimental to the public welfare of the state and showing that the objector will be substantially and specifically affected by the granting of the application shall have standing to file objections or protests. Provided, however, that the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions and all political subdivisions of the state and their agencies, instrumentalities and institutions shall have standing to file objections or protests.
History:
1953 Comp., § 75-5-4.1, enacted by Laws 1965, ch. 285, § 6; 1985, ch. 201, § 2; 2019, ch. 88, § 3.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
The 2019 amendment,
effective July 1, 2019, removed certain notice provisions; in the section heading, deleted "publication of notice"; and in Subsection A, deleted "Whenever an application is filed which requires advertisement by virtue of the provisions of Chapter 72, Article 5 NMSA 1978, the advertisement shall state that objections or protests to the granting of the application may be filed with the state engineer within ten days after the last publication of the notice".
The 1985 amendment
added "definition of standing" in the section heading, designated the formerly undesignated paragraph as Subsection A, substituted "Chapter 72, Article 5 NMSA 1978" for "Article 5, Chapter 75, New Mexico Statutes Annotated, 1953 Compilation, as amended" near the beginning, "the application" for "said application" and "the notice" for "said notice" near the end of the first sentence of subsection A, deleted "thereof" following "interested parties" near the middle of the second sentence of Subsection A, and added Subsection B.
Law reviews.
— For note, "Appropriation By the State of Minimum Flows in New Mexico Streams," see 15 Nat. Resources J. 809 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 302.
93 C.J.S. Waters § 180.