New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms as used in this rule shall have the
				  meaning indicated unless otherwise clearly stated in the text:
A. Agricultural lease - The commissioner's
				conveyance, in writing, of the right to use and possess the surface of
				specified state land for the production of crops and other products of the
				soil, animal husbandry or for other related uses. An agricultural lease may be
				subject to such other rights and uses on the same land as the commissioner may
				authorize in writing. The lease instrument shall be in a form and contain such
				provisions as may be prescribed by the commissioner, which provisions shall be
				deemed to include all pertinent statutes and state land office Rules in effect
				at lease issuance or as thereafter amended or promulgated.
B. Agricultural sublease - A transaction or
				arrangement whereby a lessee grants to another rights or interests conveyed to
				the lessee by an agricultural lease. A sublease is created when the lessee
				transfers to another either the possession of the leased premises, or a portion
				thereof, or the management and control of crops and other products of the soil,
				animals, or other permitted uses located on the leased premises. A sublease is
				not created when the lessee retains possession of the leased premises and
				manages and controls crops and other products of the soil or animals located on
				the leased premises but not owned by the lessee.
C. Authorized improvements - Improvements
				placed, made or developed on state lands by a lessee with the express written
				consent of the commissioner; improvements placed, made or developed on state
				lands by a lessee that are valued within the limitations prescribed by Section
				19-7-51
				NMSA 1978; improvements placed, made or developed on state lands prior to March
				1, 1955; and, improvements placed, made or developed on state lands after March
				1, 1955, but prior to March 1, 1975, provided such improvements are approved in
				writing by the commissioner on or before October 31, 1993.
D. Cultivated land - State trust land
				suitable for the production of crops or other products of the soil. Cultivated
				land may be dry cropland, irrigated cropland, orchards or regularly irrigated
				pasture.
E. Dry cropland -
				Cultivated land for which rainfall is the only source of water to produce
				crops.
F. Grazing land - State
				trust land suitable for the production and utilization of native forage and on
				which the ecological plant community is suitable for animal
				husbandry.
G. Irrigated cropland -
				Cultivated land for which the primary supply of water to produce crops is from
				a man-made diversion of ground water or surface water.
H. Lessee - The party of record at the state
				land office who leases state trust land from the commissioner under an
				agricultural lease.
I. Open acreage
				- State trust land which is not leased and has not been withdrawn from leasing
				by the commissioner as shown on the state land office departmental tract
				books.
J. Replacement cost less
				physical deterioration or functional obsolescence - The cost of replacing the
				improvements, at current prices, with improvements having the same utility
				equivalent, less a deduction for the total loss in value arising from the
				physical deterioration or functional obsolescence of the improvement.
K.
"Schedule of fees"
- A list
				of fees that must be paid for performance of certain administrative functions.
				The schedule of fees shall be published on the state land office website and is
				subject to change at the discretion of the commissioner. Unless otherwise noted
				in the schedule of fees or in this rule, the fee shall be non-refundable.
L.
"Simultaneous
				applications"
- Two or more valid agricultural lease applications that
				apply to lease the same land and that are received at the state land office on
				the same regular work day.
M.
"State trust land"
- Land depicted as within the care, custody and
				control of the commissioner of public lands by the state land office master
				title tract books.
N.
"Unauthorized improvements"
- Improvements other than authorized
				improvements placed, made or developed on state trust lands.