2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-3 - [General powers of commission; interstate compacts; employees; attorney general's duties.]

That said commission is hereby authorized to negotiate compacts with other states to settle interstate controversies or looking toward an equitable distribution and division of waters in interstate stream systems, subject, in all cases, to final approval by the legislature of New Mexico; to match appropriations made by the congress of the United States for investigations looking to the development of interstate streams originating in or flowing through the state of New Mexico; to investigate water supply, to develop, to conserve, to protect and to do any and all other things necessary to protect, conserve and develop the waters and stream systems of this state, interstate or otherwise; to institute or cause to be instituted in the name of the state of New Mexico any and all negotiations and/or legal proceedings as in its judgment are necessary to carry out the provisions of this act [72-14-1 to 72-14-3 NMSA 1978]; to do all other things necessary to carry out the provisions of this act; to employ such attorneys, engineers and clerical help as, in its judgment, may be necessary to carry out the provisions of this act, and to fix their compensation and expenses; together with such other powers and duties, as may, from time to time, be given said commission by the legislature of New Mexico; the attorney general shall be the legal adviser of such commission and attorneys employed as above shall be subject to his approval and supervision and be designated as "special assistant attorneys general."
History:
Laws 1935, ch. 25, § 3; 1941 Comp., § 77-3303; 1953 Comp., § 75-34-3.
ANNOTATIONS
Cross references.
— For authority of the interstate stream commission to issue special water revenue bonds in anticipation of severance tax proceeds for dams on the Canadian river,
see
72-14-36 to 72-14-42 NMSA 1978.
Powers of eminent domain.
— Commission is entitled to institute proceedings in the name of the state for condemnation of land for dam or reservoir.
State ex rel. Red River Valley Co. v. Dist. Ct.
, 1935-NMSC-085, 39 N.M. 523, 51 P.2d 239.
This section gives extremely broad powers to commission
to carry out programs designed to meet the purposes of developing, conserving or protecting water and stream systems of this state. 1960 Op. Att'y Gen. No. 60-184.
Authority of commission and use of funds appropriated to it.
— Laws 1959, ch. 349, appropriates to the commission a sum of money for, among other things, acquisition of rights-of-way to carry out programs for alleviation of salinity conditions prevailing in the Pecos river, authorized by the congress of United States to be carried out by the secretary of the interior. Part of this legislation was that New Mexico must provide rights-of-way needed for carrying out the work proposed. It must be assumed that the legislature knew the purpose and effect of the federal legislation and with such knowledge authorized expending sums necessary within available appropriations for acquisition of needed rights-of-way. Commission has authority to enter into an agreement with the state of Texas or its agency, looking toward repayment to commission of a part or all of the costs of such rights-of-way. Upon receipt of such repayment, however, under existing legislation, funds received must be deposited in the general fund. Commission may accept funds from either the state of Texas or a subordinate agency or instrumentality thereof for the purpose of acquisition of rights-of-way, but such funds would be in the nature of advance reimbursement; that is to say, such funds would have to be deposited in the general fund and the appropriated funds available to commission actually used for the purchase. 1960 Op. Att'y Gen. No. 60-184.
Purchase of building for state engineer.
— Where contemplated purchase will house entire state engineer's office in Roswell and will result in administrative benefits directly to state engineer's office, proposal to purchase building for the state engineer's office would be diverting funds, at least in part, for purposes other than those for which the grant was originally made. 1958 Op. Att'y Gen. No. 58-112.
Appointment of legislator denied.
— Position of commissioner on Pecos river compact commission is civil office within terms of state constitution and, therefore, legislator may not be appointed to that office during term of his legislative position. 1969 Op. Att'y Gen. No. 69-49.
Law reviews.
— For comment on
Cartwright v. Pub. Serv. Co.,
66 N.M. 64, 343 P.2d 654 (1959), see 8 Nat. Resources J. 727 (1968).
For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).
For article, "The Development of the Rio Grande Compact of 1938," see 14 Nat. Resources J. 163 (1974).
For article, "Water Deliveries Under the Rio Grande Compact," see 14 Nat. Resources J. 201 (1974).
For article, "Politics in the United States and the Salinity Problem of the Colorado River," see 15 Nat. Resources J. 113 (1975).
For article, "Water Availability in the New Mexico Upper Rio Grande Basin to the Year 2000," see 22 Nat. Resources J. 855 (1982).
For article, "Centralized Decisionmaking in the Administration of Groundwater Rights: The Experience of Arizona, California and New Mexico and Suggestions for the Future," see 24 Nat. Resources J. 641 (1984).
For article, "The Impact of Recent Court Decisions Concerning Water and Interstate Commerce on Water Resources of the State of New Mexico," see 24 Nat. Resources J. 689 (1984).
For note, "Recent Developments in the El Paso/New Mexico Interstate Groundwater Controversy - The Constitutionality of New Mexico's New Municipality Water Planning Statute," see 29 Nat. Resources J. 223 (1989).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 310.
94 C.J.S. Waters § 315.