reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-8 - Rules; authority and content.

The board shall adopt rules to implement the provisions of the Recycling and Illegal Dumping Act. The rules shall be adopted pursuant to the provisions of the Environmental Improvement Act [Chapter 74, Article 1 NMSA 1978] and shall include:
A. requirements and procedures for the issuance of permits and registrations to tire recycling facilities, civil engineering applications, scrap tire generators and scrap tire haulers;
B. standards and requirements for tire recycling and scrap tire storage and processing;
C. record-keeping requirements for tire recycling facilities, scrap tire haulers and scrap tire generators;
D. financial assurance criteria for tire recycling facilities;
E. fire rules for storage of scrap tires and tire-derived products that are consistent with the rules or recommendations adopted by the state fire marshal;
F. criteria and procedures for making disbursements pursuant to grant and loan programs authorized from the recycling and illegal dumping fund;
G. requirements and procedures for contracting with counties, municipalities, Indian nations, pueblos and tribes, land grant communities and cooperative associations for the abatement of illegal dumpsites and recycling;
H. requirements and procedures for a scrap tire manifest system;
I. a fee schedule applicable to scrap tire haulers and tire recycling facilities not exceeding the estimated cost of investigating and issuing permits and registrations and conducting regulatory oversight of permitted and registered activities; and
J. a fee schedule applicable to scrap tire generators not exceeding the estimated cost of conducting regulatory oversight of scrap tire generators.
History:
Laws 2005, ch. 171, § 8.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-9 - Scrap tire manifest system.

A scrap tire generator who transports or offers for transportation, scrap tires for offsite handling, altering, storage, disposal or for any combination thereof shall complete a scrap tire manifest pursuant to rules adopted by the board. Upon demand, the manifest for every generator whose scrap tire load is transported shall be shown to an officer of the motor transportation division of the department of public safety, the New Mexico state police, a local law enforcement officer or the secretary or the secretary's designee.
History:
Laws 2005, ch. 171, § 9.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-10 - Solid waste permit exemption.

A person operating a tire recycling facility under a permit issued pursuant to the Recycling and Illegal Dumping Act shall not be required to obtain a permit for that facility pursuant to the Solid Waste Act [74-9-1 NMSA 1978].
History:
Laws 2005, ch. 171, § 10.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-11 - Abatement of illegal dumpsite.

A. The department may bring an abatement action pursuant to the provisions of Section 30-8-8 NMSA 1978 to eliminate an illegal dumpsite.
B. The secretary may act administratively to eliminate illegal dumpsites pursuant to the provisions of the Recycling and Illegal Dumping Act.
C. Nothing in this section shall prohibit a municipality, county, Indian nation, pueblo or tribe, land grant community or cooperative association from contracting for services to complete an abatement action.
History:
Laws 2005, ch. 171, § 11.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-12 - Authorization for abatement contracts.

The secretary may contract with the governing body of a county, municipality, Indian nation, pueblo or tribe, land grant community or cooperative association for the abatement of illegal dumpsites located within the boundaries of the county, municipality, Indian nation, pueblo or tribe, land grant community, cooperative association or solid waste authority. The contract shall provide for the reimbursement of the county, municipality, Indian nation, pueblo or tribe, land grant community or cooperative association for expenses incurred in bringing an abatement action, including court costs, reasonable attorney fees and the actual expense of elimination of the illegal dumpsite if that expense is not recovered from and paid by the owner or operator of the illegal dumpsite as a result of the abatement action.
History:
Laws 2005, ch. 171, § 12.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-13 - Enforcement; compliance orders.

A. Whenever the secretary determines that a person has violated or is violating any requirement or prohibition of the Recycling and Illegal Dumping Act, a rule adopted pursuant to that act or a condition of a permit issued pursuant to that act, the secretary may:
(1) issue a compliance order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time period or assessing a civil penalty for any past or current violation or both; and
(2) commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.
B. A compliance order issued pursuant to this section may include a suspension or revocation of a permit or portion of the permit issued by the secretary. A penalty assessed in the compliance order shall not exceed five thousand dollars ($5,000) per day of noncompliance for each violation.
C. A compliance order issued pursuant to this section shall state with reasonable specificity the nature of the required corrective action or other response measure and shall specify a time for compliance.
D. A compliance order issued pursuant to this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the secretary for a public hearing. Upon a request, the secretary promptly shall conduct a public hearing. The secretary shall appoint an independent hearing officer to preside over the public hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward a recommendation to the secretary, who shall make the final decision.
E. The secretary may seek enforcement of the order by filing an action for enforcement in the district court.
F. Upon request of a party, the secretary may issue subpoenas for the attendance and testimony of witnesses at the hearing and for the production of relevant documents. The secretary shall adopt procedural rules for the conduct of the hearing, including provisions for discovery.
G. In determining the amount of a penalty authorized to be assessed pursuant to this section, the secretary shall take into account the seriousness of the violation, good-faith efforts of the violator to comply with applicable requirements of the Recycling and Illegal Dumping Act or rules issued pursuant to its provisions and other relevant factors.
History:
Laws 2005, ch. 171, § 13.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-14 - Enforcement; field citations.

A. The board shall implement a field citation program by adopting rules establishing appropriate minor violations for which field citations assessing civil penalties not to exceed one thousand dollars ($1,000) per day of violation may be issued by local government authorities or employees of the department as designated by the secretary.
B. A field citation issued pursuant to this section shall be final unless the person named in the citation files a written request for a public hearing with the secretary no later than fifteen days after the date on which the field citation is served on the person, in which case the enforcement of the field citation shall be suspended pending the issuance of a final order of the secretary after a public hearing. The procedures for scheduling and conducting a hearing on and for final disposition of a field citation shall be the same as those provided for a compliance order pursuant to the Recycling and Illegal Dumping Act.
C. Payment of a civil penalty required by a field citation issued pursuant to this section shall not be a defense to further enforcement by the department to correct a continuing violation or to assess the maximum statutory penalty pursuant to the provisions of the Recycling and Illegal Dumping Act if the violation continues.
D. In determining the amount of a penalty to be assessed pursuant to this section, the secretary or the person issuing a field citation shall take into account the seriousness of the violation, good-faith efforts of the violator to comply with the applicable requirements of the Recycling and Illegal Dumping Act or rules issued pursuant to its provisions and other relevant factors.
E. In connection with a proceeding pursuant to this section, the secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may adopt rules for discovery.
History:
Laws 2005, ch. 171, § 14.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-15 - Judicial review of administrative actions.

A person adversely affected by an administrative action taken by the secretary pursuant to the provisions of the Recycling and Illegal Dumping Act may appeal the action pursuant to Section 39-3-1.1 NMSA 1978.
History:
Laws 2005, ch. 171, § 15.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-16 - Penalty; criminal.

A. A person who knowingly violates Section 4 [74-13-4 NMSA 1978] of the Recycling and Illegal Dumping Act:
(1) is guilty of a misdemeanor if the violation involves a quantity of scrap tires or tire-derived products that is less than five thousand pounds and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or
(2) is guilty of a fourth degree felony if the violation involves a quantity of scrap tires or tire-derived products that is five thousand pounds or greater and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
B. A person who knowingly omits any substantive information or knowingly makes a false substantive statement or representation required pursuant to the Recycling and Illegal Dumping Act or rule adopted pursuant to the provisions of that act is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 2005, ch. 171, § 16.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-17 - Grants; eligibility; applications.

A. A municipality, county, Indian nation, pueblo or tribe, land grant community, cooperative association or solid waste authority that meets eligibility requirements established by the board may apply for a grant for providing funds to public landfills to offset the cost of collecting or recycling of tires or submit a competitive bid for a loan or contract for development costs or operating costs to establish a recycling facility, purchase equipment, perform marketing, purchase products produced by a recycling facility, provide educational outreach, develop recycling infrastructure, abate illegal dumpsites or contract with vendors to promote recycling and to abate illegal dumpsites consistent with provisions of the Recycling and Illegal Dumping Act. The first priority for funding shall be abatement of illegal scrap tire dumpsites and the recycling of scrap tires.
B. A grant, loan or contract for processing shall not be awarded pursuant to the Recycling and Illegal Dumping Act to a person who receives less than ninety-five percent of recyclable materials from sources in New Mexico.
C. Nothing in this section prohibits a municipality, county, Indian nation, pueblo or tribe, land grant community or cooperative association from contracting for services to complete an abatement action.
D. At least two-thirds of budgeted grant money in each fiscal year shall be allocated to tire abatement and recycling programs, and one-third of budgeted grant money in each fiscal year shall be allocated to abatement of illegal dumping and recycling of other solid wastes.
History:
Laws 2005, ch. 171, § 17.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-18 - Rubberized asphalt program.

The department of transportation may use rubberized asphalt in paving mixtures for state and local highway projects and to pay added expenses that may result from using rubberized asphalt. The department of transportation shall adopt rules for the administration of the rubberized asphalt program, including the development of procedures for disbursement of money to municipalities and counties for the use of rubberized asphalt in paving mixtures and shall develop paving specifications for the use of rubberized asphalt.
History:
Laws 2005, ch. 171, § 18.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-19 - Recycling and illegal dumping fund created.

The "recycling and illegal dumping fund" is created in the state treasury. Fees and penalties collected pursuant to the Recycling and Illegal Dumping Act shall be deposited into the fund. Money in the fund is appropriated to the department for abatement of illegal dumpsites, for processing, transportation or recycling of all recyclable materials and scrap tires, for providing funds to public landfills in New Mexico to offset the cost of collecting or recycling of tires and for carrying out the provisions of the Recycling and Illegal Dumping Act. Any unexpended or unencumbered balance or income earned from the money in the recycling and illegal dumping fund remaining at the end of a fiscal year shall not revert to the general fund. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's designee.
History:
Laws 2005, ch. 171, § 19.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-20 - Rubberized asphalt fund created.

The "rubberized asphalt fund" is created in the state treasury. Money in the fund is appropriated to the department of transportation to pay additional expenses that might result from using rubberized asphalt paving mixes, to allocate at least fifty percent of the fund to local governments for that purpose and to carry out the provisions of the rubberized asphalt program, including hiring a term employee to administer the program. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of transportation or the secretary's designee. Any unexpended or unencumbered balance remaining in the rubberized asphalt fund at the end of a fiscal year shall not revert to the general fund.
History:
Laws 2005, ch. 171, § 20.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 1 - Rural Infrastructure › Section 75-1-1 - Short title.

Chapter 75, Article 1 NMSA 1978 may be cited as the "Rural Infrastructure Act".
History:
1953 Comp., § 75-41-1, enacted by Laws 1973, ch. 333, § 1; 1983, ch. 173, § 1; 1988, ch. 28, § 1.
ANNOTATIONS
Cross references.
— For provisions relating to water supply associations, see 3-28-1 NMSA 1978 et seq.
Laws 1988, ch. 28, § 1
changed the name of the Water Supply Construction Act to the Rural Infrastructure Act.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 1 - Rural Infrastructure › Section 75-1-2 - Definitions.

As used in the Rural Infrastructure Act:
A. "department" means the department of environment;
B. "fund" means the rural infrastructure revolving loan fund;
C. "local authority" means a mutual domestic association or water and sanitation district that supplies water, wastewater or solid waste services to, or a municipality that has, a population of less than twenty thousand or a county with a population of less than two hundred thousand;
D. "operate and maintain" means all necessary activities, including replacement of equipment or appurtenances to assure the dependable and economical function of a facility in accordance with its intended purpose;
E. "secretary" means the secretary of environment;
F. "solid waste facility" includes transfer and convenience facilities, landfills or other equipment or systems used for the processing, transformation, recycling or disposal of solid waste;
G. "wastewater facility" includes collection lines, pumping equipment, treatment works and disposal piping or process units; and
H. "water supply facility" includes the source of supply of water, pumping equipment, storage facilities, transmission lines, treatment works and distribution systems.
History:
1953 Comp., § 75-41-2, enacted by Laws 1973, ch. 333, § 2; 1977, ch. 253, § 75; 1979, ch. 219, § 1; 1983, ch. 173, § 2; 1987, ch. 175, § 1; 1988, ch. 28, § 2; 1991, ch. 208, § 1; 2001, ch. 250, § 1; 2001, ch. 265, § 1; 2007, ch. 342, § 1.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, eliminates an incorporated city, town or village and county and public water cooperative associations from the definition of "local authority"; defines "local authority" to mean associations or districts that supply water, wastewater or sold waste services to municipalities with a population less than 20,000 or a county with a population less than 200,000; and adds Subsection F.
2001 amendments.
— Identical amendments to this section were enacted by Laws 2001, ch 250, § 1 and Laws 2001, ch. 265, § 1, effective June 15, 2001, rewriting Subsection A, which formerly read "'division' means the environmental improvement division of the health and environment department"; deleting Subsection B, which defined "board", adding Subsections F and G, and renumbering the remaining subsections accordingly.
The 1991 amendment,
effective July 1, 1991, deleted " 'agency' or" at the beginning of Subsection A and inserted "but is not limited to" in Subsection F.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 241.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 1 - Rural Infrastructure › Section 75-1-2.1 - Purpose of act.

The purpose of the Rural Infrastructure Act is to provide financial assistance to local authorities for the planning, design and construction or modification of water supply, wastewater and solid waste facilities.
History:
1978 Comp., § 75-1-2.1, enacted by Laws 1983, ch. 173, § 3; 1988, ch. 28, § 3; 1991, ch. 208, § 2; 2001, ch. 250, § 2; 2001, ch. 265, § 2; 2007, ch. 342, § 2.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, adds planning and design of facilities, including solid waste facilities.
2001 amendments.
— Identical amendments to this section were enacted by Laws 2001, ch 250, § 2 and Laws 2001, ch. 265, § 2, effective June 15, 2001, substituting "water supply and wastewater facilities to" for "water supply facilities that will". This section is set out as amended by Laws 2001, ch. 265, § 2. See 12-1-8 NMSA 1978.
The 1991 amendment,
effective July 1, 1991, inserted "to local authorities" and made a related change and minor stylistic changes.
Law reviews.
— 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).
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 1 - Rural Infrastructure › Section 75-1-5 - Emergency loans and grants.

Ten percent of the proceeds of each severance tax bond issuance or other appropriation for the purpose of carrying out the provisions of the Rural Infrastructure Act shall be reserved for emergencies and shall be allocated by the department only upon approval of the state board of finance. This amount shall not be deposited in the fund and shall be allocated only for emergency loans and grants. Emergency loans and grants shall be made in accordance with the applicable provisions for loans pursuant to the Rural Infrastructure Act; provided that a grant shall not exceed five hundred thousand dollars ($500,000). At the end of the third quarter of each fiscal year, the unexpended balance of the reserved amount may be transferred by the department to the fund for use in accordance with the Rural Infrastructure Act.
History:
1978 Comp., § 75-1-5, enacted by Laws 1987, ch. 175, § 4; 1988, ch. 28, § 6; 2001, ch. 250, § 5; 2001, ch. 265, § 5; 2007, ch. 342, § 5.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, increases the maximum amount of a grant from $200,000 to $500,000.
2001 amendments.
— Identical amendments to this section were enacted by Laws 2001, ch 250, § 5 and Laws 2001, ch. 265, § 5, effective June 15, 2001, substituting "department" for "division" throughout the section.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 1 - Rural Infrastructure › Section 75-1-6 - Average residential user cost reduction grants and zero percent loans.

A. No more than twenty-five percent of the proceeds of each severance tax bond issuance or other appropriation for the purpose of carrying out the provisions of the Rural Infrastructure Act shall be reserved for average residential user cost reduction grants or zero percent loans to reduce average residential user cost to a reasonable level for eligible financially needy loan recipients whose water supply or wastewater facilities serve less than three thousand persons.
B. Average residential user cost reduction grants and zero percent loans shall be allocated by the department in accordance with the provisions for grants and loans pursuant to the Rural Infrastructure Act, provided that an average residential user cost reduction grant or zero percent loan shall not exceed five hundred thousand dollars ($500,000). Such grants and loans shall reduce only the principal and interest portion of the average residential user cost to a reasonable cost as determined by the department.
C. A zero percent loan or average residential user cost reduction grant shall be approved by the department when, after construction bids have been received, the following conditions have been met by the local authority whose average residential user costs are in need of reduction:
(1) the construction project is designed using the most cost-effective and dependable option;
(2) the system is designed with adequate built-in expansion capacity;
(3) other sources of grant funds have been sought and are not available in a timely manner;
(4) the project cannot feasibly be reduced in scope or phased so as to bring it within available loan funds and within reasonable user cost; and
(5) the local authority's median household income is less than ninety percent of the statewide non-metropolitan median household income based on the most current federal decennial census.
History:
1978 Comp., § 75-1-6, enacted by Laws 1988, ch. 28, § 7; 1991, ch. 208, § 5; 2001, ch. 250, § 6; 2001, ch. 265, § 6; 2007, ch. 342, § 6.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, increases the maximum average residential user cost reduction grant or zero percent loan from $200,000 to $500,000.
2001 amendments.
— Identical amendments to this section were enacted by Laws 2001, ch 250, § 6 and Laws 2001, ch. 265, § 6, effective June 15, 2001, substituting "department" for "division" throughout the section; inserting "or wastewater" following "water supply" in Subsection A; and rewriting Paragraph C(5), which formerly read "the local authority's average residential user cost in need of the reduction is at least eighteen dollars ($18.00) per month".
The 1991 amendment,
effective July 1, 1991, inserted "residential" following "average" throughout the section; substituted "eighteen dollars ($18.00)" for "fifteen dollars ($15.00)" in Paragraph (5) of Subsection C; and made a minor stylistic change in Subsection A.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 2 - Water Research, Conservation and Development › Section 75-2-1 - Short title.

This act [75-2-1 to 75-2-5 NMSA 1978] may be cited as the "Water Research, Conservation and Development Act".
History:
1953 Comp., § 75-42-1, enacted by Laws 1975, ch. 265, § 1.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 2 - Water Research, Conservation and Development › Section 75-2-2 - Purpose.

It is the purpose of the Water Research, Conservation and Development Act to provide means to seek solutions to water shortage, conservation and utilization problems through research, conservation or development projects for the benefit of the citizens of New Mexico.
History:
1953 Comp., § 75-42-2, enacted by Laws 1975, ch. 265, § 2.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 2 - Water Research, Conservation and Development › Section 75-2-3 - Special fund created.

There is created a special fund to be known as the "water research, conservation and development fund". All money appropriated to this fund or accruing to it through gifts, grants or bequests shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Water Research, Conservation and Development Act. The fund shall not revert at the end of the fiscal year. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of the interstate stream commission for research, conservation or development projects of merit and potential benefit to the state and approved by the interstate stream commission.
History:
1953 Comp., § 75-42-3, enacted by Laws 1975, ch. 265, § 3; 1977, ch. 247, § 201; 1989, ch. 324, § 40.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 2 - Water Research, Conservation and Development › Section 75-2-4 - Interstate stream commission; additional powers and duties.

In addition to its other powers and duties, the interstate stream commission shall:
A. meet upon the call of its chairman;
B. review and approve or deny water research, conservation or development project proposals submitted to the commission by institutions of higher learning, political subdivisions or other appropriate nonprofit research or development entities on the basis of potential merit, benefit to the state and feasibility;
C. adopt guidelines for project preparation, review, application and approval;
D. upon approval of a project, allocate available funds for such water research, conservation or development project, provided:
(1) no single project shall receive more than forty percent of the total available funds;
(2) no less than forty percent of the total available funds shall be allocated for conservation or development projects which have the potential of providing immediate solutions to problems facing the people of the state; and
(3) no funds appropriated to the water research, conservation and development fund shall be used for water distribution system construction, including, but not limited to, irrigation canals, acequias, reservoirs, dams or domestic or municipal water distribution systems;
E. adopt reporting and monitoring procedures for evaluation of research, conservation or development projects being conducted by recipients of disbursements under the Water Research, Conservation and Development Act, and, after making the appropriate evaluation of the project, make arrangements for termination of the project, if so indicated;
F. report annually to the governor and the legislature on the status of the various research, conservation or development projects, including a report on total funds expended under this act, including the amounts and sources of outside matching funds; and
G. expend no more than fifteen thousand dollars ($15,000) from the water research, conservation and development fund for the administrative purposes of the Water Research, Conservation and Development Act during any fiscal year.
History:
1953 Comp., § 75-42-4, enacted by Laws 1975, ch. 265, § 4; 1977, ch. 205, § 1.
ANNOTATIONS
Cross references.
— For provisions relating to the interstate stream commission, see 72-14-1 to 72-14-44 NMSA 1978.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 2 - Water Research, Conservation and Development › Section 75-2-5 - Acceptance of funds and donations.

The interstate stream commission may accept for the purposes of the Water Research, Conservation and Development Act any federal matching funds or grants for water research, conservation or development projects and may accept similar donations and bequests from private sources for such projects.
History:
1953 Comp., § 75-42-5, enacted by Laws 1975, ch. 265, § 5.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-1 - Short title.

This act [75-3-1 to 75-3-15 NMSA 1978] may be cited as the "Weather Control Act".
History:
1953 Comp., § 75-37-1, enacted by Laws 1965, ch. 235, § 1.
ANNOTATIONS
Law reviews.
— For article, "Weather Modification: Law and Administration," see 8 Nat. Resources J. 207 (1968).
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-2 - Definition.

As used in the Weather Control Act, "commission" means the interstate stream commission.
History:
1953 Comp., § 75-37-2, enacted by Laws 1965, ch. 235, § 2; 2003, ch. 194, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, substituted "Definition" for "Definitions" in the section catchline and substituted "interstate stream" for "weather control and cloud modification" near the end.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-3 - Declaration of rights.

It is declared that the state of New Mexico claims the right to all moisture in the atmosphere which would fall so as to become a part of the natural streams or percolated water of New Mexico, for use in accordance with its laws.
History:
1953 Comp., § 75-37-3, enacted by Laws 1965, ch. 235, § 3.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-4 - License required.

No person or corporation shall, without having first received a license from the commission, conduct any weather control or cloud modification operations or attempt to control precipitation.
History:
1953 Comp., § 75-37-4, enacted by Laws 1965, ch. 235, § 4.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-5 - Application for license.

Any individual or corporation who proposes to operate weather control or cloud modification projects or who attempts to induce precipitation, shall, before engaging in any such operation, make application to the commission for a license to engage in the particular weather control or cloud modification operation contemplated.
History:
1953 Comp., § 75-37-5, enacted by Laws 1965, ch. 235, § 5.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-6 - Annual license fee; statement.

At the time of applying for the license, the applicant shall pay to the commission a fee of one hundred dollars ($100), and shall file an application in the form prescribed by the commission which shall be accompanied by a statement showing:
A. the name and address of the applicant;
B. the names of the operating personnel, and, if unincorporated, all individuals connected with the organization, or, if a corporation, the names of each of the officers and directors thereof, together with the address of each;
C. the scientific qualifications of all operating and supervising personnel;
D. a statement of all other contracts completed or in process of completion at the time the application is made, giving the names and addresses of the persons to whom the services were furnished and the areas in which such operations have been or are being conducted;
E. the objective of the operation, methods of operation the licensee will use, and the description of the aircraft, ground and meteorological services to be used;
F. names of the contracting parties within the state; including:
(1) the area to be served;
(2) the months in which operations will be conducted;
(3) the methods to be used in evaluating the operation; and
G. any other information the commission deems necessary.
History:
1953 Comp., § 75-37-6, enacted by Laws 1965, ch. 235, § 6.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-7 - Issuance of license.

The commission may issue a license to any applicant who demonstrates sufficient financial responsibility necessary to meet obligations reasonably likely to be attached to or result from weather control or cloud modification activities and skill and experience reasonably necessary to accomplishment of weather control without actionable injury to property or person.
History:
1953 Comp., § 75-37-7, enacted by Laws 1965, ch. 235, § 7; 2003, ch. 194, § 2.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, deleted "to the satisfaction of the board" following "sufficient financial responsibility".
Unsound, detrimental or undesirable projects may be refused.
— The weather control and cloud modification commission may refuse a license to conduct weather control and cloud modification activities in the state of New Mexico to an applicant who satisfies the requirements for a license specified in this section, but who proposes a weather modification project which, in the scientific judgment of the commission, may be unsound, detrimental or undesirable. 1971 Op. Att'y Gen. No. 71-53.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-8 - License fee; expiration.

A license shall expire at the end of the calendar year in which it is issued and may be renewed upon payment of the annual license fee.
History:
1953 Comp., § 75-37-8, enacted by Laws 1965, ch. 235, § 8.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-9 - Reports required from licensees.

Each licensee shall, within ninety days after conclusion of any weather control or cloud modification project, file with the commission a final evaluation of the project. Each three months, during the operation of any project which has not been completed, each licensee shall file a report evaluating the operations for the preceding three months in the project. Failure to file such reports constitute[s] grounds for immediate revocation of the license. Each evaluation report shall contain such information as required by the commission in order to aid in research and development in weather modification and to aid in the protection of life and property.
History:
1953 Comp., § 75-37-9, enacted by Laws 1965, ch. 235, § 9.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-10 - Revocation of license.

The commission shall revoke any license if it shall appear that the licensee no longer possesses the qualifications necessary for the issuance of a new license, or is guilty of a violation of any of the provisions of the Weather Control Act. Such revocation shall occur only after notice to the licensee, and a reasonable opportunity has been granted the licensee to be heard respecting the grounds of the proposed revocation.
History:
1953 Comp., § 75-37-10, enacted by Laws 1965, ch. 235, § 10.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-11 - Judicial review.

Rulings by the commission on the issuance, refusal or revocation of a license are subject to review in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 75-37-11, enacted by Laws 1965, ch. 235, § 11; 1998, ch. 55, § 93; 1999, ch. 265, § 95.
ANNOTATIONS
Cross references.
— For appeals from administrative agencies, see Rules 1-074 to 1-077 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-12 - Operations affecting weather in other states.

Weather control or cloud modification operations may not be carried on in New Mexico for the purpose of affecting weather in any other state which prohibits such operations, or which prohibits operations in that state for the benefit of New Mexico or its inhabitants.
History:
1953 Comp., § 75-37-12, enacted by Laws 1965, ch. 235, § 12.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-13 - Enforcement.

Enforcement of the Weather Control Act is vested in the commission. All fees collected by the commission shall be used by the commission for the purposes of carrying out the provisions of the Weather Control Act.
History:
1953 Comp., § 75-37-13, enacted by Laws 1965, ch. 235, § 13; 2003, ch. 194, § 3.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, rewrote this section.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-14 - Powers and duties of commission.

The commission may:
A. make all rules and regulations necessary to carry out the provisions of the Weather Control Act;
B. make any field investigations and inspections necessary to the enforcement of the Weather Control Act;
C. make periodic reports on weather control and cloud modification activities in this state together with evaluations of the results of such activities; and
D. make recommendations to the legislature through the board of regents on needed legislation in the regard to weather control and cloud modification.
History:
1953 Comp., § 75-37-14, enacted by Laws 1965, ch. 235, § 14.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 3 - Weather Control and Cloud Modification › Section 75-3-15 - Penalty.

Any person conducting weather control or cloud modification operations without first having procured a license, or who makes a false statement in the application for a license, or who fails to file any report or evaluation required by the Weather Control Act, or who conducts any weather control or cloud modification operation after revocation of his license, or who violates any provision of the Weather Control Act is guilty of a misdemeanor.
History:
1953 Comp., § 75-37-15, enacted by Laws 1965, ch. 235, § 15.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 4 - State Climatologist › Section 75-4-1 - Office of state climatologist created; state climatologist.

The "office of state climatologist" is created within the New Mexico department of agriculture. The administrative and executive head of the office of state climatologist shall be known as the "state climatologist". The board of regents of New Mexico state university shall appoint and fix the salary of the state climatologist.
History:
Laws 1979, ch. 192, § 1.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 4 - State Climatologist › Section 75-4-2 - Office of state climatologist; purpose.

The purpose of the office of state climatologist is to assist the state to understand and respond to natural and man-induced climate processes and their implications, to cooperate with the federal government in activities relating to climate studies and advisory services, to promote and disseminate a general knowledge of the climatology of the state, to establish a state climate program in accordance with the provisions of the federal National Climate Program Act and regulations promulgated pursuant to that act and to receive and utilize grants made available to the state pursuant to the provisions of the federal National Climate Program Act and other grants, gifts, donations or bequests from any source to be used in carrying out its purpose.
History:
Laws 1979, ch. 192, § 2.
ANNOTATIONS
Compiler's notes.
— The federal National Climate Program Act appears as 15 U.S.C. § 2901 et seq.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 4 - State Climatologist › Section 75-4-3 - State climatologist; duties.

The duties of the state climatologist shall include:
A. assessing the effect of climate on the natural environment, agricultural production, land and natural resources and human health;
B. coordinating climate impact studies and programs to improve understanding of climate processes, natural and man-induced, and of the social and economic implications of climate change;
C. developing methods and procedures to enable interested state agencies and public institutions of higher education to participate in the program;
D. disseminating climate data, information, advice and assessments to state agencies, local public bodies and the general public;
E. establishing an effective mechanism for consultation and coordination with the federal government and other states in climate related activities; and
F. administering the state intergovernmental climate program.
History:
Laws 1979, ch. 192, § 3.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 4 - State Climatologist › Section 75-4-4 - Agency cooperation.

In carrying out the responsibilities enumerated in Section 3 [75-4-3 NMSA 1978] of this act, the state climatologist shall seek the assistance of the geophysical research center at the New Mexico institute of mining and technology, the remote sensing facility at the university of New Mexico and other appropriate agencies and facilities for scientific support.
History:
Laws 1979, ch. 192, § 4.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 5 - Natural Lands Protection › Section 75-5-1 - Short title.

Sections 1 through 6 [75-5-1 to 75-5-6 NMSA 1978] of this act may be cited as the "Natural Lands Protection Act".
History:
Laws 1987, ch. 192, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1987, ch. 234, § 82, effective July 1, 1987, recompiled former 9-10-10 NMSA 1978 as 75-5-1 NMSA 1978, but, since Laws 1987, Chapter 192 had already enacted Article 5 of Chapter 75, former 9-10-10 NMSA 1978 has been recompiled as 75-6-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 5 - Natural Lands Protection › Section 75-5-3 - Definitions.

As used in the Natural Lands Protection Act:
A. "committee" means the natural lands protection committee;
B. "unique and ecologically significant lands" are lands which:
(1) afford habitat for species listed as rare, threatened or endangered by the state or federal government; and
(2) are identified by the natural resources department as constituting the best remaining examples of native ecological communities that are otherwise unprotected; and
C. "corporation" means a New Mexico not-for-profit corporation whose primary purpose is the preservation and conservation of lands.
History:
Laws 1987, ch. 192, § 3.