2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-3 - Department established.

A. There is created in the executive branch the "energy, minerals and natural resources department". The department shall be a cabinet department and shall include but not be limited to the following organizational units:
(1) the administrative services division;
(2) the state parks division;
(3) the forestry division;
(4) the energy conservation and management division;
(5) the mining and minerals division; and
(6) the oil conservation division.
B. The state game commission is administratively attached to the department.
History:
Laws 1987, ch. 234, § 3; 1997, ch. 137, § 1; 1997, ch. 149, § 2.
ANNOTATIONS
Cross references.
— For parks and recreation,
see
Chapter 16 NMSA 1978.
For game and fish,
see
Chapter 17 NMSA 1978.
For forestry,
see
Chapter 68 NMSA 1978.
For mines,
see
Chapter 69 NMSA 1978.
For oil conservation,
see
Chapter 70 NMSA 1978.
For energy and minerals generally,
see
Chapter 71 NMSA 1978.
1997 Multiple Amendments.
— Laws 1997, ch. 137, § 1 and Laws 1997, ch. 149, § 2 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 1997, ch. 149, § 2, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 1997, ch. 137, § 1 and Laws 1997, ch. 149, § 2 are described below. To view the session laws in their entirety,
see
the 1997 session laws on
NMOneSource.com
.
Laws 1997, ch. 149, § 2, effective June 20, 1997, in Subsection A(2), substituted "parks" for "park and recreation".
Laws 1997, ch. 137, § 1, effective July 1, 1997, at the end of Subsection A(3), deleted "which shall include a soil and water conservation bureau".
San Jon amphitheater maintenance.
— The state park and recreation division (now state parks division) of the natural resources department may utilize state funds for the maintenance of the amphitheater at San Jon, constructed pursuant to the provisions of Laws 1980, ch. 19, § 3 and Laws 1982, ch. 70. 1982 Op. Att'y Gen. No. 82-05.
Operation of concessions.
— The state park commission (now the state parks division) has authority to operate directly certain commercial facilities, commonly known as concessions, in state parks, if it desires to do so. 1958 Op. Att'y Gen. No. 58-37.
Control of Conchas dam park.
— No recreational facilities at the Conchas dam area may be maintained or used contrary to the rules, regulations or orders or licenses of the state game commission and the latter may require that all persons going on said reservoir in boats use the facilities furnished through the state game commission. 1951 Op. Att'y Gen. No. 51-5406.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 59 Am. Jur. 2d Parks, Squares, and Playgrounds §§ 17, 18.
Judicial notice of matters relating to thoroughfares and parks, 48 A.L.R.2d 1102, 86 A.L.R.3d 484.
Power to directly regulate or prohibit abutter's access to street or highway, 73 A.L.R.2d 652.
Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.
State's liability for personal injuries from criminal attack in state park, 59 A.L.R.4th 1236.
81A C.J.S. States § 147.