reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-1 - Short title.

Sections 1 through 11 [71-10-1 to 71-10-11 NMSA 1978] of this act may be cited as the "Electric Generating Facility Economic District Act".
History:
Laws 2020, ch. 78, § 1.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-2 - Definitions.

As used in the Electric Generating Facility Economic District Act:
A. "authority" means the governing body of a district; and
B. "district" means an electric generating facility economic district governed by an authority.
History:
Laws 2020, ch. 78, § 2.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-3 - Creation of a district.

A county may form a district:
A. the initial boundaries of which lie within the jurisdiction of the county; and
B. that includes an operating coal-fueled electric generating facility that is owned by a non-investor-owned electric utility or a coal-fueled electric generating facility that is owned by a non-investor-owned electric utility and has been or is in the process of being retired.
History:
Laws 2020, ch. 78, § 3.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-5 - Authority; powers; duties.

A. An authority is a political subdivision of the state that may, in accordance with law and to effectuate the purposes of the district it governs:
(1) have perpetual existence;
(2) sue and be sued;
(3) adopt bylaws, policies and procedures;
(4) employ a director, who may employ staff as necessary to administer the authority;
(5) fix the time and place of meetings and the method of providing notice of the meetings;
(6) make and pass orders and resolutions necessary for governing and managing the authority and executing the powers of the authority;
(7) adopt and use a seal;
(8) create and define the duties of advisory committees;
(9) enter into contracts and agreements;
(10) borrow money and issue bonds;
(11) pledge all or a portion of its revenue to the payment of its bonds;
(12) issue refunding revenue bonds to refinance, pay or discharge all or part of its outstanding revenue bonds;
(13) impose liens;
(14) acquire, dispose of or encumber real or personal property or interests in real or personal property, including leases and easements;
(15) manage the land and property constituting and associated with the authority within the district, including by imposing rental charges and fees for the use of that land and property;
(16) sell, transfer or convey real or personal property or interests in real or personal property acquired by the authority;
(17) alter the boundaries of the district with the approval of the counties that are part of the district;
(18) establish standards and long-term development plans;
(19) apply to a public or private source for a loan, grant, guarantee or other type of financial assistance; and
(20) exercise the rights and powers necessary or incidental to or implied by the specific powers granted by this section.
B. An authority shall:
(1) govern the district;
(2) adopt rules to govern its conduct, including standards and procedures for calling emergency meetings and a conflicts-of-interest policy;
(3) use district property to create jobs and foster economic development in all areas it deems appropriate and in the public welfare; and
(4) comply with all applicable state and federal laws, ordinances or rules enacted by the county having jurisdiction over the district's land or real property.
History:
Laws 2020, ch. 78, § 5.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-6 - Revenue bonds; exemption from taxation.

The bonds authorized by the Electric Generating Facility Economic District Act, the income from those bonds, mortgages or other security instruments executed as security for those bonds, lease agreements authorized by the Electric Generating Facility Economic District Act and revenue derived from a lease or sale by an authority are exempt from taxation by the state and its subdivisions.
History:
Laws 2020, ch. 78, § 6.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-7 - Bonding authority.

A. An authority may issue revenue bonds for the purpose of constructing, purchasing, improving, remodeling, furnishing or equipping any necessary buildings, structures, roads or other infrastructure of the district.
B. An authority may pledge irrevocably any or all of the revenue received by the district to the payment of the interest on and principal of revenue bonds for any of the purposes authorized in the Electric Generating Facility Economic District Act.
C. Revenues in excess of the annual principal and interest due on revenue bonds secured by a pledge of revenue may be accumulated in a debt service reserve account. The authority may appoint a commercial bank trust department to act as paying agent or trustee of the revenues and to administer the payment of principal of and interest on the bonds.
D. Except as otherwise provided in the Electric Generating Facility Economic District Act, revenue bonds:
(1) may have interest, principal value or any part thereof payable at intervals or at maturity as may be determined by the authority;
(2) may be subject to a prior redemption at the district's option at a time and upon terms and conditions, with or without the payment of a premium, as determined by the authority;
(3) may mature at any time not exceeding thirty years after the date of issuance;
(4) may be serial in form and maturity, may consist of one bond payable at one time or in installments or may be in another form determined by the authority;
(5) shall be sold for cash at, above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978] and the Public Securities Short-Term Interest Rate Act [6-18-1 to 6-18-16 NMSA 1978]; and
(6) may be sold at public or negotiated sale.
E. At a regular or special meeting, the authority may adopt a resolution that:
(1) declares the necessity for issuing revenue bonds;
(2) authorizes the issuance of revenue bonds by an affirmative vote of a majority of all the members of the authority; and
(3) designates the sources of revenues to be pledged to the repayment of the revenue bonds.
History:
Laws 2020, ch. 78, § 7.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-9 - Bonds not obligation of the state or a county.

Except as otherwise provided in the Electric Generating Facility Economic District Act, all bonds or other obligations issued pursuant to that act are payable solely from the revenues of the district that may be pledged to the payment of such obligations, and the bonds or other obligations shall not create an obligation, debt or liability of the state or any other of its political subdivisions. No breach of any pledge, obligation or agreement or a district shall impose a pecuniary liability or a charge upon the general credit or taxing power of the state or any other of its political subdivisions.
History:
Laws 2020, ch. 78, § 9.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-10 - Dissolution.

The governing body of the county that formed the district and the governing bodies of any counties that have become part of the district may, by majority vote, agree to unwind and dissolve the district and dismiss the authority members if they find the district is not meeting the needs of the community in creating jobs or fostering economic development. The assets and all debts and obligations of the district shall be transferred to and assumed by the counties as set forth in the unwinding or dissolution agreement.
History:
Laws 2020, ch. 78, § 10.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 10 - Electric Generating Facility Economic District › Section 71-10-11 - Limitation of applicability.

No provision of the Electric Generating Facility Economic District Act or Section 12 [71-10-12 NMSA 1978] of this 2020 act shall affect an operating coal-fueled electric generating facility that is owned by a non-investor-owned electric utility or a coal-fueled electric generating facility that is owned by a non-investor-owned electric utility and has been or is in the process of being retired unless and to the extent the owner of such a facility and any existing lienors to such a facility agree in writing that such a facility may be affected by the powers of the authority or the governing body of a county.
History:
Laws 2020, ch. 78, § 11.
ANNOTATIONS
Emergency clause.
— Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 11 - Grid Modernization Roadmap and Grant Program › Section 71-11-2 - Grid modernization grant fund; created.

The "grid modernization grant fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. The energy, minerals and natural resources department shall administer the fund, and money in the fund is subject to appropriation by the legislature to the department for the purpose of administering the grid modernization grant program. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's designee. Any unexpended and unencumbered balance in the fund remaining at the end of any fiscal year shall not revert to the general fund.
History:
Laws 2020, ch. 15, § 2.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 15 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 1 - Water Rights in General › Section 72-1-2.5 - Pecos river basin land management fund.

The "Pecos river basin land management fund" is created in the state treasury. The fund shall consist of appropriations, grants, donations or bequests to the fund, income from land and water rights purchased pursuant to Chapter 72, Article 1 NMSA 1978, revenue from land sold pursuant to Chapter 72, Article 1 NMSA 1978 and income from investment of the fund or money otherwise accruing to the fund. Money in the fund shall be invested pursuant to Chapter 6, Article 10 NMSA 1978. The interstate stream commission shall adopt rules for managing the land, for depositing revenues from the land and to administer the fund, and money in the fund is appropriated to the commission to manage the land purchases pursuant to Section 72-1-2.4 NMSA 1978 and to manage augmentation well fields in the lower Pecos river basin. Money in the fund shall not revert to any other fund at the end of a fiscal year. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the director of the interstate stream commission or the director's authorized representative.
History:
Laws 2006, ch. 77, § 1; 2008, ch. 22, § 2.
ANNOTATIONS
The 2008 amendment,
effective February 27, 2008, added income from land and water rights purchases and revenue from land sold pursuant to Chapter 72, Article 1 NMSA 1978 to the fund.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 1 - Water Rights in General › Section 72-1-3 - Declaration of water rights vested prior to 1907; form; contents; verification; filing; recording; presumption.

Any person, firm or corporation claiming to be an owner of a water right which was vested prior to the passage of Chapter 49, Laws 1907, from any surface water source by the applications of water therefrom to beneficial use, may make and file in the office of the state engineer a declaration in a form to be prescribed by the state engineer setting forth the beneficial use to which said water has been applied, the date of first application to beneficial use, the continuity thereof, the location of the source of said water and if such water has been used for irrigation purposes, the description of the land upon which such water has been so used and the name of the owner thereof. Such declaration shall be verified but if the declarant cannot verify the same of his own personal knowledge he may do so on information and belief. Such declarations so filed shall be recorded at length in the office of the state engineer and may also be recorded in the office of the county clerk of the county wherein the diversion works therein described are located. Such records or copies thereof officially certified shall be prima facie evidence of the truth of their contents.
History:
1953 Comp., § 75-1-2.1, enacted by Laws 1959, ch. 222, § 1; 1961, ch. 250, § 1.
ANNOTATIONS
Compiler's notes.
— The provisions of Laws 1907, ch. 49, are presently compiled as 19-7-26, 72-1-1, 72-1-2, 72-1-5, 72-2-1 to 72-2-7, 72-2-9, 72-2-10, 72-3-1 to 72-3-5, 72-4-1, 72-4-13, 72-4-15, 72-4-17 to 72-4-19, 72-5-1, 72-5-3, 72-5-4, 72-5-6 to 72-5-24, 72-5-26 to 72-5-28, 72-5-33, 72-7-1 to 72-7-3, 72-8-1 to 72-8-6, 72-9-1 to 72-9-3 NMSA 1978.
Cross references.
— For filing and recording of changes of ownership in water rights,
see
72-1-2.1 NMSA 1978.
For the state engineer,
see
72-2-1 NMSA 1978.
Effect of declarations.
— Admission of the declarations called for by this section would at most satisfy the burden of going forward; it would satisfy the burden of proof only if not rebutted by the state. Because these declarations go to the flood flows, and groundwater is not a source of flood flow, there can be no relation back on such flood flow.
State ex rel. Martinez v. Lewis
, 1994-NMCA-100, 118 N.M. 446, 882 P.2d 37.
Community ditch commissioners do not condemn land by filing declaration
of water rights hereunder. 1969 Op. Att'y Gen. No. 69-96.
Law reviews.
— For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).
For note, "New Mexico's National Forests and the Implied Reservation Doctrine," see 16 Nat. Resources J. 975 (1976).
For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 93 C.J.S. Waters § 184.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 1 - Water Rights in General › Section 72-1-4 - [Declaration of water rights vested prior to 1907; force and effect of prior declarations.]

Declarations heretofore filed in substantial compliance with Section 1 [72-1-3 NMSA 1978] hereof shall be recognized as of the same force and effect as if filed after the taking effect of this act [72-1-3 and 72-1-4 NMSA 1978].
History:
1953 Comp., § 75-1-2.2, enacted by Laws 1959, ch. 222, § 2.
ANNOTATIONS
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.
— 93 C.J.S. Waters § 184.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 1 - Water Rights in General › Section 72-1-6 - [Traveler's use of water.]

All currents and sources of water, such as springs, rivers, ditches and currents of water flowing from natural sources in the state of New Mexico, shall be and they are declared free; in order that all persons traveling in this state shall have the right to take water therefrom for their own use, and that of the animals under their charge: provided, that the word traveler, shall not in any manner extend to persons who travel with a large number of animals; for in that case they shall not use the water of any spring belonging to any individual, without having first obtained the express consent of the owner. And it is further understood, that if any person in transit or traveling, at the time of using any of the water mentioned, shall cause any injury to the fields, planted lands or private property of any person, he shall pay to the party injured all damages that may have been done: provided, further, that this article shall in no manner apply to wells in this state: provided, further, that this article shall not be applicable to ponds or reservoirs of water, that persons may construct for their own proper use and benefit, and no person under pretext of title to said sources, springs, rivers or ditches, shall have the right to embarrass and hinder, or molest any transient person or traveler in or at the time of taking the water for his proper use and giving water to his animals.
History:
Laws 1876, ch. 41, § 1; C.L. 1884, § 49; C.L. 1897, § 52; Code 1915, § 5812; C.S. 1929, § 151-1001; 1941 Comp., § 77-104; 1953 Comp., § 75-1-4.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers substituted "this article" for "this act," presumably referring to Code 1915, ch. 114, art. VII, the provisions of which are presently compiled as 72-1-6, 72-1-7 NMSA 1978.
Cross references.
— For use of public land for range without owning water right,
see
19-3-13 to 19-3-15 NMSA 1978.
Private ownership of water in public streams was prohibited
by this section, and a right to use of such waters for beneficial purposes was given to those who appropriated and applied them to such uses.
Millheiser v. Long
, 1900-NMSC-012, 10 N.M. 99, 61 P. 111.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters §§ 87 to 89.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 1 - Water Rights in General › Section 72-1-7 - [Interfering with traveler's use of water; penalty.]

Hereafter, if any person or persons, shall embarrass, hinder and molest any person or persons at the time they may wish to take the water for their animals, and shall claim or demand of the traveler any compensation for the use of the water, such person or persons on conviction thereof, before the court of a justice of the peace [magistrate] or district judge, shall be fined in a sum not less than twenty-five dollars [($25.00)], nor more than fifty dollars [($50.00)], and shall be liable to pay all the damages caused thereby to the person so hindered.
History:
Laws 1876, ch. 41, § 2; C.L. 1884, § 50; C.L. 1897, § 53; Code 1915, § 5813; C.S. 1929, § 151-1002; 1941 Comp., § 77-105; 1953 Comp., § 75-1-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished, and the powers and duties thereof transferred to the magistrate court.
See
35-1-38 NMSA 1978.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 1 - Water Rights in General › Section 72-1-8 - Camping, trailer, recreational or motor vehicle parking prohibited.

It is unlawful for a person to camp, or to park a trailer, recreational vehicle or motor vehicle within three hundred yards of a manmade water hole, a water well or a watering tank used by wildlife or domestic stock, without the prior consent of the owner of the land, the person in lawful possession of the land or the authorized representatives of either. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed one hundred dollars ($100).
History:
1953 Comp., § 75-1-6, enacted by Laws 1965, ch. 36, § 1; 1975, ch. 47, § 1; 1979, ch. 151, § 1.
ANNOTATIONS
Cross references.
— For authority of conservation officers to enforce these provisions under emergency circumstances,
see
17-2-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 1 - Water Rights in General › Section 72-1-12 - Indian water rights settlement fund.

The "Indian water rights settlement fund" is created in the state treasury to facilitate the implementation of the state's portion of Indian water rights settlements. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. Money in the Indian water rights settlement fund shall be used to pay the state's portion of the costs necessary to implement Indian water rights settlements approved by the legislature and the United States congress. The interstate stream commission shall administer the fund and money in the fund is appropriated to the commission to carry out the purposes of the fund. Money in the fund shall be disbursed on warrants of the secretary of finance and administration pursuant to vouchers signed by an authorized representative of the interstate stream commission.
History:
Laws 2005, ch. 172, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 172, § 3 made the act effective July 1, 2005.
Settlement of Indian water rights did not require state legislative approval.
— Where the Navajo Nation, the United States, and the state of New Mexico reached an agreement settling the Navajo Nation's claims to water in the San Juan river basin, and where federal legislation to approve and implement the settlement agreement was enacted by congress, and where the New Mexico legislature appropriated funds to pay New Mexico's cost of the settlement agreement and authorized the New Mexico state engineer to seek judicial approval regarding the state's share of the water, and where the district court approved the settlement agreement, concluding that the settlement agreement was fair, adequate, reasonable, and consistent with the public interests as well as all applicable laws, appellants' claim that the settlement required the express approval of the New Mexico legislature was without merit, because interstate bodies of water, like the San Juan river, are ultimately subject to the control of the federal, not the state, government, and because Indian tribes have a proprietary interest in waters recognized by federal reservation treaties, it is federal, not state, law that governs the validity and interpretation of water settlements between states and tribes.
State ex rel. State Engineer v. San Juan Agricultural Water Users Ass'n
, 2018-NMCA-053, cert. granted.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-2 - Assistants; salary.

The state engineer may employ assistants and purchase materials and supplies for the proper conduct and maintenance of his office in pursuance of appropriations as made from time to time for such purposes. The salaries and expenses of the office of the state engineer shall be paid at the same time and in the same manner as those of other officers of the state.
History:
Laws 1907, ch. 49, § 5; Code 1915, § 5658; C.S. 1929, § 151-105; 1941 Comp., § 77-202; 1953 Comp., § 75-2-2; Laws 1982, ch. 10, § 4.
ANNOTATIONS
Compiler's notes.
— The "state engineer" heads a division of the natural resources department, namely, the water resources division.
See
72-2-1 NMSA 1978.
Quasi-judicial duties not delegable.
— State engineer is authorized to employ assistants for the proper conduct and maintenance of his office and department; however, he may not delegate his quasi-judicial authority and duties to anyone else. 1953 Op. Att'y Gen. No. 53-5786.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Public Officers and Employees § 300.
81A C.J.S. States §§ 80, 92.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-3 - [Oath of office; bond.]

Before entering upon the duties of his office the state engineer shall take the oath as prescribed by law for state officials. He shall file with the secretary of the state, a bond, in the penal sum of ten thousand ($10,000) dollars, to be approved by the attorney general, and conditioned upon the faithful discharge of his duties and for delivery to his successor of all property belonging to the public then in his possession or control.
History:
Laws 1907, ch. 49, § 6; Code 1915, § 5659; C.S. 1929, § 151-106; 1941 Comp., § 77-203; 1953 Comp., § 75-2-3.
ANNOTATIONS
Cross references.
— For oath of office,
see
N.M. Const., art. XX, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Public Officers and Employees §§ 131, 132.
Constitutional, statutory or charter provision as to time of taking oath of office and giving official bond as mandatory or directory, 158 A.L.R. 639.
Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.
81A C.J.S. States § 91.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-4 - Payment of accounts.

All claims for services rendered, expenses incurred or materials or supplies furnished under the direction of the state engineer and which are payable from the funds appropriated for the prosecution of the work under his direction and supervision, shall be approved by the state engineer and properly vouchered and filed with the secretary of finance and administration, who shall, if he finds the same to have been incurred in accordance with law, audit and allow such claims and issue his warrant on the treasurer in payment thereof.
History:
Laws 1907, ch. 49, § 7; Code 1915, § 5660; C.S. 1929, § 151-107; 1941 Comp., § 77-204; 1953 Comp., § 75-2-4; 1977, ch. 247, § 196.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Public Officers and Employees § 353.
81A C.J.S. States § 229.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-5 - Annual report.

The state engineer shall prepare and deliver to the governor, on or before November 30 of each year, a full report of the work of his office, including a detailed statement of expenditures thereof to and including June 30 of that year, with such recommendations for legislation and appropriation as he deems advisable. He shall also prepare and submit special reports on the work and expenditures of his office at all other times when required by the governor.
History:
Laws 1907, ch. 49, § 8; Code 1915, § 5661; C.S. 1929, § 151-108; Laws 1941, ch. 126, § 2; 1941 Comp., § 77-205; 1953 Comp., § 75-2-5; Laws 1977, ch. 254, § 93; 1982, ch. 10, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Public Officers and Employees § 354.
81A C.J.S. States § 229.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-7 - [Records to be public; certified copies as evidence.]

The records of the office of the state engineer are public records, shall remain on file in his office and shall be open to the inspection of the public at all times during business hours. Such records shall show all applications filed, with date of filing, and shall show in full all permits, certificates of completion of construction and licenses issued, together with all action thereon, and all action or decisions of the state engineer affecting any rights or claims to appropriate water. Certified copies of any records or papers on file in the office of the state engineer shall be evidence equally with the originals thereof; and when introduced as evidence shall be held as of the same validity as the originals.
History:
Laws 1907, ch. 49, § 10; Code 1915, § 5663; C.S. 1929, § 151-110; 1941 Comp., § 77-207; 1953 Comp., § 75-2-7.
ANNOTATIONS
Cross references.
— For self-authentication of certified copies of public records,
see
Paragraph D of Rule 11-902 NMRA.
For proof of official records,
see
Rule 11-1005 NMRA.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-9.2 - Office of the state engineer; devices to measure river water.

The office of the state engineer shall purchase, install and study prototypes of alternative devices that accurately measure the flow of river water on a real-time basis. In carrying out the purpose of this section, the office of the state engineer shall consult with and utilize the services of the Los Alamos national laboratory, the Sandia national laboratories and the United States geological survey.
History:
Laws 2003, ch. 209, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 209 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-10 - [Legal advisers; duties.]

The attorney general and the district attorney of the county in which legal questions arise, shall be the legal advisers of the state engineer, and shall perform any and all legal duties necessary in connection with his work, without other compensation than their salaries as fixed by law, except when otherwise provided.
History:
Laws 1907, ch. 49, § 38; Code 1915, § 5697; C.S. 1929, § 151-150; 1941 Comp., § 77-210; 1953 Comp., § 75-2-10.
ANNOTATIONS
Cross references.
— For review of state engineer's regulation, code or special order, prior to filing, by attorney general and district attorney,
see
72-2-8 NMSA 1978.
Section makes district attorney more than mere adviser
since it requires him to "perform any and all legal duties necessary in connection with his work." 1964 Op. Att'y Gen. No. 64-127.
District attorney may not represent applicant before state engineer
on water and water right matters that arise in any of the counties within his jurisdiction as state has an interest in matters involving public water. 1964 Op. Att'y Gen. No. 64-127.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Counsel, power of water commissioners to employ, 2 A.L.R. 1212.
7A C.J.S. Attorney General § 7; 27 C.J.S. District and Prosecuting Attorneys § 10.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-11 - [Board of water commissioners abolished; pending appeals.]

That the board of water commissioners be and the same is hereby abolished, and that any and all records of said board shall, when this act becomes effective, be placed for safekeeping into the custody of the state engineer, provided that appeals pending before said board, together with all papers and records of same shall be transferred to the district court of the county wherein the work or point of desired appropriation, referred to in any such pending appeal or appeals, is situated, to be considered and disposed of by such district court as an appeal, as hereinbefore provided for.
History:
Laws 1923, ch. 28, § 4; C.S. 1929, § 151-176; 1941 Comp., § 77-211; 1953 Comp., § 75-2-11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 24 et seq.
Incompatibility of offices of colonel and water commissioner, 26 A.L.R. 144, 132 A.L.R. 254, 147 A.L.R. 1419, 148 A.L.R. 1399, 150 A.L.R. 1444.
81A C.J.S. States § 141.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-12 - Hearing examiners.

In addition to the powers and authority, either express or implied, granted to the state engineer by other statutes of the state of New Mexico, the state engineer is hereby given the authority and power in formulating rules and regulations, subject to the provisions of Section 5 [72-2-17 NMSA 1978], in connection with hearings, or other proceedings before him to provide for the appointment of one or more examiners to conduct hearings with respect to matters properly coming before the state engineer and to make reports and recommendations with respect thereto. The state engineer, subject to the provisions of Section 5, shall promulgate, print and make available in the state engineer's office rules and regulations with regard to hearings to be conducted before examiners and the powers and duties of the examiners in any particular case may be limited by order of the state engineer to particular issues or to the performance of particular actions. In the absence of any limiting order, an examiner appointed to hear any particular case shall have the power to regulate all proceedings before him and to perform acts and to take all measures necessary or proper for the efficient and orderly conduct of such hearing, including the swearing of witnesses, receiving of testimony and exhibits offered in evidence subject to such objections as may be imposed, and shall cause a complete record of the proceedings to be made and shall make his report and recommendations in connection therewith to the state engineer. The state engineer shall base his decision rendered in any matter heard by an examiner upon the record made by or under the supervision of the examiner in connection with such proceeding and the report and recommendation of the examiner; and his decision shall have the same force and effect as if said hearing had been conducted by the state engineer. Persons appointed by the state engineer as hearing examiners shall be knowledgeable in the water laws of this state, water engineering and administrative hearing procedures.
History:
1953 Comp., § 75-2-12, enacted by Laws 1965, ch. 285, § 1.
ANNOTATIONS
Cross references.
— For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
Only courts have power and authority to adjudicate water rights.
State ex rel. Reynolds v. Lewis
, 1973-NMSC-035, 84 N.M. 768, 508 P.2d 577.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 308 et seq.
81A C.J.S. States § 80.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-13 - Depositions, written interrogatories and administrative conferences.

A. In matters pertaining to the public waters of this state which are pending before the state engineer for administrative action, a party may take the testimony, by deposition on oral examination or written interrogatories, of any person including a party and any personnel of the state engineer's office, except the state engineer or his designated hearing examiner, and may request that the pending matter be set for an administrative conference before the state engineer in the manner and for the purposes established for discovery and for pretrial conferences by the Rules of Civil Procedure for the district courts of New Mexico.
B. As used in this section, "party" means the applicant, the protestant and the state.
History:
1953 Comp., § 75-2-12.1, enacted by Laws 1969, ch. 250, § 1.
ANNOTATIONS
Cross references.
— For rule relating to pretrial conference,
see
Rule 1-016 NMRA.
For depositions and discovery,
see
Rules 1-026 to 1-037 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 327 et seq.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-14 - Subpoena power.

The state engineer or any examiner appointed by the state engineer to conduct hearings is hereby empowered to subpoena witnesses, to require their attendance and giving of testimony and to require the production of books, papers and records in any proceeding before the state engineer.
History:
1953 Comp., § 75-2-13, enacted by Laws 1965, ch. 285, § 2.
ANNOTATIONS
Cross references.
— For rule relating to subpoenas,
see
Rule 1-045 NMRA.
Law reviews.
— For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M. L. Rev. 105 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 122 et seq.
Power of administrative agency, in investigation of nonjudicial nature to issue subpoenas against persons not subject to agency's regulatory jurisdiction, 27 A.L.R.2d 1208.
81A C.J.S. States § 120.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-15 - Failure or refusal to comply with subpoena; refusal to testify; body attachment; contempt.

In case of failure or refusal on the part of any person to comply with any subpoena issued by said state engineer or his appointed examiner, or on the refusal of any witnesses to testify or to answer as to any matters regarding which he may be lawfully interogated [interrogated], the judge of any district court in this state, on application of the state engineer, may issue an attachment for such person and compel him to comply with such subpoena and to attend before the state engineer or his appointed examiner and produce such documents, and give his testimony upon such matters as may be lawfully required, and the judge shall have the power to punish for contempt as in the case of disobedience of a like subpoena issued by or from a district court or a refusal to testify therein.
History:
1953 Comp., § 75-2-14, enacted by Laws 1965, ch. 285, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Adjudication suit to determine all claims to water's use in given stream system.
— The object of an adjudication suit is to determine all claims to the use of the water in a given stream system in order to facilitate the administration of unappropriated waters and to aid in the distribution of waters already appropriated.
State ex rel. Reynolds v. Pecos Valley Artesian Conservancy Dist.
, 1983-NMSC-044, 99 N.M. 699, 663 P.2d 358.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 146 et seq.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-17 - Hearing; notice; conduct; record.

A. After a written request for hearing has been filed, the state engineer shall notify the requestor, and all interested parties, by registered or certified mail, return receipt requested, of the hearing. The notice shall include:
(1) the time, place, date and nature of the hearing, which time shall be not less than five nor more than sixty days from the date of filing of the request for hearing, provided that the state engineer may for good cause or upon stipulation of the parties set the hearing for a later date; and
(2) the legal authority and jurisdiction under which the hearing will be held.
B. In the conduct of the hearing:
(1) opportunity shall be afforded all parties to appear and present evidence and argument on all issues involved;
(2) irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be generally followed; however, when it is necessary to ascertain facts not reasonably susceptible of proof under these rules, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
(3) a party may have and be represented by counsel and may conduct cross-examinations required for a full and true disclosure of the facts;
(4) notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the state engineer's specialized knowledge;
(5) oral proceedings or any part thereof shall be transcribed on request of any party; and
(6) findings of fact shall be based exclusively on the evidence and on matters officially noticed.
C. The state engineer or his appointed hearing examiner shall make a record of the hearing, which shall include:
(1) all pleadings, motions, intermediate rulings;
(2) evidence received or considered;
(3) a statement of the matters officially noticed;
(4) questions and offers of proof, objections and rulings thereon;
(5) any proposed findings submitted; and
(6) any decision, opinion or report by the state engineer or hearing examiner conducting the hearing.
History:
1953 Comp., § 75-2-16, enacted by Laws 1965, ch. 285, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 261 et seq.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 2 - State Engineer › Section 72-2-19 - Advanced mapping fund; created.

A. The "advanced mapping fund" is created in the state treasury. The fund consists of appropriations and donations from the state and federal governments, political subdivisions of the state or private entities, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The office of the state engineer shall administer the fund, and money in the fund is subject to appropriation by the legislature for advanced mapping by the state engineer. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the state engineer or the state engineer's authorized representative.
B. As used in this section, "advanced mapping" means mapping that uses technologies such as light detection and ranging; underground aquifer mapping; high-resolution aerial photography; and three-dimensional mapping.
History:
Laws 2019, ch. 18, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 18 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 2 - State Engineer › Section 72-2-20 - Notice of applications; online posting; notice by publication; objections.

When notice of an application is required to be provided pursuant to Section 72-5-4, 72-5A-5, 72-6-6, 72-12-3 or 72-12B-1 NMSA 1978:
A. if the state engineer determines that notice of an application shall be published, the state engineer shall post electronically on the state engineer's website a notice that contains the essential facts of the application, the name of the newspaper in which the applicant will be required to publish notice, the contact information for the state engineer district office where the application and supporting documentation are located and the date by which objections may be filed, which shall be seventy days after the date of electronic posting on the state engineer's website;
B. within five days of posting electronic notice on the state engineer's website, the state engineer shall issue instructions to the applicant to publish notice of the application in a form and in the newspaper prescribed by the state engineer once a week for three consecutive weeks and requiring that the last date of publication shall be no less than ten days prior to the date by which objections may be filed with the state engineer. The newspaper shall be one that is published and distributed in each county affected by the diversion and in each county where the water will be or has been put to beneficial use, or if there is no such newspaper, then the newspaper shall be one of general circulation in the stream system;
C. the applicant shall file with the state engineer proof of publication as required within twenty days after the date of the last publication. In case of failure to file satisfactory proof of publication within the time required, the date of the application shall be the date of receipt of proofs of publication in proper form; and
D. if the last of the three consecutive weekly publications does not occur within sixty days of the date the state engineer electronically posts the notice on the state engineer's website, the applicant shall request that the state engineer prepare a new notice and electronically post the notice as prescribed in Subsection A of this section and issue new instructions for newspaper publication as prescribed in Subsection B of this section.
History:
Laws 2019, ch. 88, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 88, § 8 made Laws 2019, ch. 88 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 3 - Water Districts and Water Masters › Section 72-3-1 - [Water districts; creation; change; subdistricts.]

The state engineer shall, from time to time, as may be necessary for the economical and satisfactory apportionment of water, divide the state in conformity with the drainage areas into water districts to be designated by names, and to comprise as far as possible one or more distinct stream systems in each district. Districts may be changed from time to time as may, in his opinion, be necessary for the economical and satisfactory apportionment of water. Provided, that the state engineer may, when in his opinion it shall be for the best interests of the state and the owners of water rights upon any stream system within the state of New Mexico, divide said stream system into subdistricts, each of which said subdistricts shall be designated by a distinct name.
History:
Laws 1907, ch. 49, § 13; Code 1915, § 5666; Laws 1919, ch. 131, § 2; C.S. 1929, § 151-113; 1941 Comp., § 77-301; 1953 Comp., § 75-3-1.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Section speaks to future.
— This section, prior to amendment, and Section 72-3-2 NMSA 1978 would seem in no way to refer to old established water rights or community acequias, but to speak to the future and to provide for a condition of affairs to be brought about by districting of state under supervision of engineer.
Pueblo of Isleta v. Tondre
, 1913-NMSC-067, 18 N.M. 388, 137 P. 86.
Law reviews.
— For article, "An Institutional Framework for a Water Market in the Elephant Butte Irrigation District," see 49 Nat. Resources J. 219 (2009).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drains and Drainage Districts §§ 3, 4, 6 et seq.
94 C.J.S. Waters § 243(1).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 3 - Water Districts and Water Masters › Section 72-3-3 - [Appeal from water master to state engineer authorized.]

Any person may appeal from the acts or decisions of the water master to the state engineer, who shall promptly and at a stated time and place to be fixed by him, upon due notice to the parties, hear and determine the matter in dispute, and his decision shall be final, unless an appeal is taken to the district court of the county, wherein the irrigation works or the irrigated lands involved in such dispute are situated, in conformity with the provisions of Sections 72-7-1 and 72-7-2 NMSA 1978.
History:
Laws 1907, ch. 49, § 15; Code 1915, § 5668; C.S. 1929, § 151-115; Laws 1935, ch. 78, § 1; 1941 Comp., § 77-303; 1953 Comp., § 75-3-3.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Law reviews.
— For comment on Kelley v. Carlsbad Irrigation Dist., 71 N.M. 464, 379 P.2d 763 (1963), see 3 Nat. Resources J. 340 (1963).