reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.9 - AREAS SUBJECT TO PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
By order of the office of the state engineer, it is
				  prohibited to drill new wells, appropriate new surface water or ground water,
				  or transfer either surface water or ground water to existing wells within the
				  following geographic areas:
FRUIT AVENUE PLUME SUPERFUND SITE.
The
				  state engineer hereby prohibits any drilling of new wells or transfer of either
				  surface water or ground water to existing wells within the boundaries in
				  Albuquerque, New Mexico identified as the Fruit Avenue Plume Superfund Site
				  within which the ground water is contaminated with tetrachloroethene (PCE),
				  trichloroethene (TCE), cis-1, 2-dichlorothen and trans-1, 2-dichloroethene.
				  Both PCE and TCE levels are above drinking water standards, and this
				  prohibition is necessary to protect the public welfare. The Fruit Avenue Plume
				  area is approximately bounded by Fruit Avenue to the north, Elm Street to the
				  east, Tijeras/Martin Luther King Avenue to the south, and 4th Street to the
				  west. The precise delineations of the area are as follows:
State Plane Nad-27 feet
Latitude
Longitude
X
Y
35.087144
-106.653004
379,437
1,487,207
35.091449
-106.652186
379,688
1,488,772
35.089722
-106.638083
383,904
1,488,127
35.088565
-106.636911
384,253
1,487,705
35.083800
-106.637895
383,952
1,485,972
35.085398
-106.646737
381,309
1,486,564
35.086408
-106.648219
380,867
1,486,933
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New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 9 - PROHIBITIONS ON USE OF SURFACE WATER AND GROUND WATER IN DESIGNATED AREAS › Section 19.25.9.10 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Violation of this Part is a misdemeanor punishable by a fine
				  of not less than twenty-five dollars ($25.00), nor more than two hundred and
				  fifty dollars ($250.00), for each offense; and each day of continued violation
				  shall constitute a separate offense; or by imprisonment in the county jail not
				  to exceed one year or both for each and every violation pursuant to Section
				  72-12-11
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons applying for financial assistance under the water
				  project fund from the New Mexico finance authority, NMSA 1978,
				  72-4A-5
				  and NMSA 1978,
				  72-4A-9.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978,
				  72-4A-5
				  and NMSA 1978,
				  72-4A-9.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 31, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section
				72-4A-5,
				NMSA 1978 provides that the New Mexico water trust board is required to adopt
				rules governing terms and conditions of grants and loans recommended by the
				board for appropriation by the state legislature from the water project fund
				giving priority to projects that have urgent needs, that have been identified
				for implementation of a completed regional water plan that is accepted by the
				interstate stream commission and that have matching contributions from federal
				or local funding sources; and authorizes qualifying water projects to the
				authority that are for: (1) storage, conveyance or delivery of water to end
				users; (2) implementation of federal Endangered Species Act of 1973; (3)
				restoration and management of watersheds; (4) flood prevention; and (5)
				conservation, recycling, treatment or reuse of water as provided by law.
				Additionally, the board shall create a drought strike team to coordinate
				responses to emergency water shortages caused by drought conditions. Section
				72-4A-9,
				NMSA 1978, creates the "water project fund" within the New Mexico Finance
				Authority.
B. Section
				72-4A-5,
				NMSA 1978, provides that the board shall give priority to qualifying water
				projects that (i) have been identified as being urgent to meet the needs of a
				regional water planning area that has had a completed regional water plan
				accepted by the interstate stream commission; (ii) have matching contributions
				from federal or local funding sources available and (iii) have obtained all
				requisite state and federal permits and authorizations necessary to initiate
				the qualifying water project. The purpose of these rules is to set forth the
				intent of the board and to outline, in general terms, the criteria and
				procedures to be used in evaluating and funding qualifying water
				projects.
C. Section
				72-4A-6, NMSA
				1978, provides that the authority shall provide support for the water trust
				board, develop application procedures and forms for qualifying entities to
				apply for grants and loans from the water project fund; and make loans or
				grants to qualifying entities for qualifying water projects authorized by the
				state legislature, provided that the service area for the project is wholly
				within the boundaries of the state or the project is an interstate project that
				directly benefits New Mexico.
D.
				Section
				72-4A-9,
				NMSA 1978, provides that the authority may adopt separate procedures and rules
				for administration of the water project fund and recover from the water project
				fund costs of administering the water project fund and originating grants and
				loans.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.8 - ELIGIBILITY PRIORITIZATION OF WATER PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
The board will develop and consider a variety of factors in
				  reviewing and evaluating water project proposals to determine which water
				  projects to recommend as qualifying water projects for appropriation by the
				  state legislature. The board shall give priority to projects that have urgent
				  needs, that have been identified for implementation of a completed regional
				  water plan that is accepted by the interstate stream commission and that have
				  matching contributions from federal or local sources as provided for in Section
				  72-4A-5
				  NMSA 1978. Pursuant to Section
				  72-4A-5.1
				  NMSA 1978, the board, in conformance with the state water plan and pursuant to
				  the provisions of the Water Project Finance Act, shall prioritize the planning
				  and financing of water projects required to implement the plan. The board shall
				  identify opportunities to leverage federal and other funding. The board shall
				  establish policies for prioritization of water projects.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.9 - WATER PROJECT PROPOSAL, PROCEDURES AND APPROVAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The authority
				will administer an outreach program to notify qualifying entities that water
				project proposals are being accepted to identify water projects for review by
				the project review committee and the board for recommendation for funding to
				the state legislature as qualifying water projects.
B. The authority will provide forms and
				guidelines for water project proposals and financial applications.
C. The authority staff will forward all
				completed water project proposals from qualified applicants for qualified water
				projects to the project review committee. The project review committee will
				consider the water project and may confer with outside parties, including any
				local interdisciplinary teams familiar with the water project, as necessary to
				obtain more information on the feasibility, merit, and cost of the water
				project. The project review committee will make a recommendation to the board
				on each water project proposal.
D.
				Upon the recommendation of the project review committee, the board will
				evaluate the qualifying water projects for recommendation to the
				legislature.
E. After completion of
				the review process by the project review committee and the board and receipt of
				a favorable recommendation on the water project proposal, the water project
				will be recommended by the board for approval by the state legislature, which
				recommendation and approval are required by Sections
				72-4A-5
				and
				72-4A-9
				NMSA 1978.
F. No later than January
				of each year, the board will recommend to the legislature a list of projects
				recommended for funding. After the legislature authorizes qualifying water
				projects, the project review committee will review evaluations of financial
				applications and water project proposals prepared by staff and recommend to the
				board a final list of projects to be authorized by the board for funding by the
				authority. The authority will provide financial assistance for qualifying
				projects as authorized by the legislature under policies jointly established by
				the board and authority.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.10 - EVALUATION OF FINANCIAL APPLICATION AND WATER PROJECT PROPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
The authority staff will complete an initial evaluation of
				  the financial application and water project proposal upon receipt. Such
				  evaluation will include, to the extent applicable, an evaluation of water
				  project feasibility, administrative capacity, financial position, debt
				  management and economic and demographic factors. The authority may rely upon
				  the advice of an interdisciplinary team in evaluating water project proposals
				  and financial applications.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.11 - QUALIFYING WATER PROJECTS AND ELIGIBLE COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may authorize the authority to
				provide financial assistance from the water project fund to qualifying entities
				only for qualifying water projects as provided by Section
				72-4A-6 and
				Section
				72-4A-7,
				NMSA 1978.
B. Financial assistance
				shall be made only to qualify entities that:
(1) agree to provide for the operation and
				maintenance of the water project so that it will function properly over the
				structural and material design life, which shall not be less than twenty
				years;
(2) require the contractor
				of the construction project to post a performance and payment bond in
				accordance with the requirements of Section
				13-4-18,
				NMSA 1978;
(3) provide written
				assurance signed by an attorney or provide a title insurance policy that the
				political subdivision has proper title, easements and rights of way to the
				property upon or through which the water project proposed for funding is to be
				constructed or extended;
(4) meet
				the requirements of the financial capability set by the board to ensure
				sufficient revenues to operate and maintain the water project for its useful
				life and to repay the loan;
(5)
				agree to properly maintain financial records and to do an audit of the
				project's financial records; and
(6) agree to pay costs of originating grants
				and loans as determined by rules adopted by the board.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.12 - QUALIFYING WATER PROJECT FINANCING

Current through Register Vol. 35, No. 13, July 16, 2024
The authority may provide financial assistance packages that
				  include loans, grants and any other type of assistance authorized by the
				  authority. The structure, terms and conditions of the financial assistance will
				  be determined by the authority . Financial assistance for qualifying water
				  projects may be pooled, at the sole discretion of the authority, under policies
				  jointly established by the board and authority.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.13 - FINANCING APPROVAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Based on the priority and evaluation factors set forth in
				  Sections 19.25.10.8, 19.25.10.10, and 19.25.10.11, the board may recommend to
				  the authority approval of the qualifying water project for financial
				  assistance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.14 - RECONSIDERATION OF BOARD DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any applicant or qualifying entity may request
				  reconsideration of a decision of the board by notifying the board in writing
				  within 15 days following the meeting at which the decision was made. Notice of
				  a decision made in an open meeting of the board is deemed to be given on the
				  date of the meeting, and the time for notification of a request for
				  reconsideration shall run from that date, regardless whether any written notice
				  of the decision is given by the board. A request for reconsideration shall
				  state with particularity the grounds for reconsideration, including any factual
				  or legal matter on which the applicant or qualifying entity believes that there
				  was an error by the board. Upon receiving a timely and proper request for
				  reconsideration, the chairman of the board will set the matter for
				  reconsideration at the board's next regularly scheduled meeting or at a special
				  meeting called for the purpose, at the chairman's discretion, Upon
				  reconsideration by the board, the board will notify the applicant or qualifying
				  entity of the board's decision, in writing, within five working days of the
				  decision. The decision of the board on reconsideration is final. A request for
				  reconsideration not timely or properly made will not be considered by the
				  board.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.15 - FINANCIAL ASSISTANCE AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The authority and the qualified entity
				will enter into an agreement to establish the terms and conditions of financial
				assistance from the water project fund. The agreement will include the terms of
				repayment and remedies available to the authority in the event of a default.
				The authority will monitor terms of the agreement and enforce or cause to be
				enforced all terms and conditions thereof, including prompt notice and
				collection.
B. The interest on any
				financial assistance extended shall be determined by the authority based on the
				cost of funds and ability of a qualified entity to repay a loan. The interest
				rate shall not change during the term of the financial assistance unless
				refinanced or unless the financial assistance is structured as a variable rate
				obligation.
C. The agreement will
				contain provisions which require financial assistance recipients to comply with
				all applicable federal, state and local laws and regulations.
D. In the event of default under a financial
				assistance agreement by a qualified entity, the authority may enforce its
				rights by suit or mandamus and may utilize all other available remedies under
				state and applicable federal law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.16 - ADMINISTRATIVE COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board
				may impose and collect reasonable fees and costs in connection with the filing
				of a water project proposal or a financial application for approval of a water
				project and for financial assistance with the board and the authority. The
				board also may impose and collect an administrative fee from each qualifying
				entity that receives financial assistance from the water project fund. If an
				administrative fee is assessed, the administrative fee will be a percentage of
				the principal amount of the financial assistance provided to a qualifying
				entity. The administrative fee may be withheld from the principal amount of the
				financial assistance and will be retained in the water project fund.
				Alternatively, the board may levy an annual fee equal to a percentage of the
				outstanding principal amount of a loan. Specific percentages will be based on,
				among other things, the volume of financial assistance being provided to
				qualifying entities, the administrative costs of the board and the authority,
				and the availability of other revenue sources to cover the board's and the
				authority's administrative costs. The filing and administrative fee or fees may
				be used for, among other purposes, reimbursing the board or the authority for
				all or part of the costs of issuing bonds and other administrative costs,
				including any audits of the water project fund and the water trust
				fund.
B. The board and the
				authority may establish such other charges, premiums, fees and penalties deemed
				necessary for the administration of the water project fund and the water trust
				fund.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.17 - ADMINISTRATION OF THE WATER TRUST FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The water trust fund shall be administered
				by the state treasurer's office and shall be invested by the state investment
				officer in the same manner as land grant permanent funds are invested under
				state law. All investment earnings on the water trust fund shall be credited to
				the water trust fund. The water trust fund shall not be expended for any
				purpose.
B. Annual distributions to
				the water project fund from the water trust fund shall be made as required by
				the authority.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.18 - ADMINISTRATION OF THE WATER PROJECT FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The water project fund shall be
				administered by the authority as a separate account, but may consist of such
				subaccounts as the authority deems necessary to carry out the purposes of the
				fund.
B. Money from repayments of
				loans made by the board for qualifying water projects shall be deposited in the
				water project fund. The water project fund shall also consist of any other
				money appropriated, distributed or otherwise allocated to the water project
				fund for the purpose of financing qualifying water projects.
C. The authority shall adopt a uniform
				accounting system for the water project fund and each account and subaccount
				established by the authority, based on generally accepted accounting
				principles.
D. The authority may
				establish procedures and adopt rules as required to administer the fund and to
				recover from the fund costs of administering the fund and originating grants
				and loans.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.19 - BOND ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				authority may issue and sell revenue bonds as required to provide funds to:
(1) replenish the principal balance of the
				water project fund;
(2) pay, fund
				or refund the principal of or interest or redemption premiums, if any, on bonds
				issued by the authority whether the bonds or interest to be paid, funded or
				refunded have or have not become due;
(3) establish or increase reserve funds to
				secure bonds; and
(4) pay the costs
				and expenses incident to the issuance of bonds.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS › Section 19.25.10.20 - AMENDMENT OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
This rule may be amended or repealed at any time by a
				  majority vote of a quorum of the board.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to the design and construction of all
				  jurisdictional dams in New Mexico and are intended to facilitate the continued
				  safe operation and maintenance of all non-federal jurisdictional dams. These
				  regulations govern the review and acceptance of plans for construction,
				  alteration, modification, repair, enlargement and removal of a jurisdictional
				  dam. These regulations ensure the continued safe operation, maintenance, site
				  security and emergency preparedness for existing non-federal jurisdictional
				  dams. These regulations do not authorize the appropriation or use of water
				  pursuant to 19.26 NMAC and 19.27 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  72-5-32
				  NMSA requires any person, association or corporation, public or private, the
				  state or the United States that is intending to construct a jurisdictional dam
				  to submit detailed plans to the state engineer. Sections
				  72-5-9
				  and
				  72-5-10
				  NMSA establish the state engineer's authority over the construction of works
				  and issuing certificates of construction. Sections
				  72-5-8
				  and
				  72-5-14
				  NMSA require construction to be completed in a time limit set by the state
				  engineer and procedures for requesting an extension of time. Sections
				  72-5-11,
				  72-5-12
				  and
				  72-5-13
				  NMSA gives the state engineer jurisdiction over unsafe works, penalties for
				  failure to comply with state engineer orders and priority of liens. Section
				  72-2-6
				  NMSA gives the state engineer the authority to assess fees. Section
				  72-2-8
				  NMSA gives the state engineer authority to adopt regulations and codes to
				  implement and enforce any provision of any law administered by him. Section
				  72-8-1
				  NMSA gives the state engineer the authority to enter upon private property for
				  the performance of his duties. Nothing in these rules shall be construed so as
				  to limit the state engineer's authority to take lawful alternative or
				  additional actions relating to the design, construction and safety of
				  dams.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 31, 2005 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish minimum design requirements, minimum submittal
				  requirements and dam site owner responsibilities that shall be addressed to the
				  state engineer's satisfaction in order to ensure a dam is designed,
				  constructed, operated, maintained and secured in a safe
				  manner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless defined below or in a specific section of these
				  regulations, all other words used herein shall be given their customary and
				  accepted meaning.
A. Terms starting
				with the letter 'A' are defined as follows:
(1) Abutment: That part of the valley side
				against which the dam is constructed. The left and right abutments of dams are
				defined with the observer viewing the dam looking in the downstream
				direction.
(2) Aesthetic fill:
				Cosmetic fill added to the downstream slope of a dam that is not required to
				address the safe design. Aesthetic fill shall not be considered when
				determining the properties of the dam for the purposes of evaluating the
				jurisdictional status and shall not be used to support the safe
				design.
(3) Alteration,
				modification, repair, rehabilitation or enlargement of an existing dam: To
				change from the state engineer accepted construction drawings and
				specifications or current condition.
(4) Appurtenant structure: Auxiliary features
				of a dam such as outlets, spillways, access structures, tunnels and related
				housing at a dam.
(5) ASTM:
				Standards promulgated by ASTM international for testing the properties of
				materials. Methods cited in these regulations include laboratory compaction
				characteristics of soils.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.8 - FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer assesses fees for filing forms, reviewing
				  plans and specifications for dams and appurtenant structures and construction
				  inspections.
A. For filing an
				application for permit to construct and operate a dam the fees shall be
				$25.
B. For filing an application
				to alter, repair or rehabilitate a dam the fee shall be $25.
C. For each review of design plans,
				construction drawings and specifications for a dam the fee shall be $2 per
				$1000 or fraction thereof of the estimated construction cost. For determination
				of fees, inclusion of contingencies, taxes and other permit fees is not
				required. Assessment of multiple review fees for the same application is at the
				sole discretion of the state engineer.
D. For issuing an extension of time for
				construction of a dam the fee shall be $50.
E. For inspecting construction of a dam the
				fee shall be $100/8-hour day and actual and necessary traveling
				expenses.
F. For filing a proof of
				completion of works for a dam the fee shall be $25.
G. For filing a change of ownership for a dam
				the fee shall be $5.
H. The state
				engineer shall charge reasonable fees for copy and reproduction to offset the
				cost of the service, consistent with the state engineer's current policy
				adopted pursuant to the New Mexico Inspection of Public Records Act, NMSA 1978
				Section 14-2 et seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.9 - SIZE CLASSIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A dam shall be less than or equal to the maximum height and
				  storage to qualify for the size classification.
A. Small: A small dam is 25 feet or greater
				but less than or equal to 40 feet in height, or 50 acre-feet or greater but
				less than or equal to 1000 acre-feet of storage.
B. Intermediate: An intermediate dam is
				greater than 40 feet but less than or equal to 100 feet in height, or greater
				than 1000 acre-feet but less than or equal to 50,000 acre-feet of
				storage.
C. Large: A large dam is
				greater than 100 feet in height or greater than 50,000 acre-feet of
				storage.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.10 - HAZARD POTENTIAL CLASSIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The hazard potential classification is a rating for a dam
				  based on the potential consequences of failure. The rating is based on loss of
				  life, damage to property and environmental damage that is likely to occur in
				  the event of dam failure. No allowances for evacuation or other emergency
				  actions by the population shall be considered. The hazard potential
				  classification is not a reflection of the condition of the dam.
A. Low hazard potential: Dams assigned the
				low hazard potential classification are those dams where failure or
				misoperation results in no probable loss of life and low economic or
				environmental losses. Losses are principally limited to the dam owner's
				property.
B. Significant hazard
				potential: Dams assigned the significant hazard potential classification are
				those dams where failure or misoperation results in no probable loss of human
				life but can cause economic loss, environmental damage, disruption of lifeline
				facilities, or can impact other concerns. Significant hazard potential
				classification dams are often located in predominantly rural or agricultural
				areas but could be located in populated areas with significant
				infrastructure.
C. High hazard
				potential: Dams assigned the high hazard potential classification are those
				dams where failure or misoperation will probably cause loss of human
				life.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.13 - PERMIT CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
After reviewing the required documentation, the state
				  engineer will notify the dam owner if any deficiencies are found with the
				  submittal to construct and operate a dam. The dam owner will be given an
				  opportunity to correct any deficiencies noted in the review process. Once all
				  deficiencies have been addressed the state engineer will approve the
				  application for permit to construct and operate a dam with conditions under
				  which construction and operation shall occur. Failure to comply with conditions
				  of the approved permit may result in the state engineer issuing an order to
				  redesign, reconstruct or restrict operation of the dam and reservoir until
				  conditions are met. Construction must be completed within two years of
				  approving the application unless an extension of time for the construction is
				  requested and approved by the state engineer. The permit conditions are
				  described below and may include additional conditions determined necessary by
				  the state engineer to ensure the dam is constructed and operated in a safe
				  condition.
A. Engineer supervising
				construction: Prior to initiation of construction, the dam owner shall
				designate a professional engineer licensed in the state of New Mexico qualified
				in the design and construction of dams to supervise construction. If the state
				engineer finds the engineer acceptable, an order is issued approving the
				engineer and setting forth conditions under which the engineer will supervise
				construction. Construction supervision conditions are described below.
(1) The engineer supervising construction
				shall submit monthly progress reports that are signed and sealed. The report
				shall include:
(a) summary of construction
				activities;
(b) summary of test
				results;
(c) captioned and dated
				construction photographs; and
(d) a
				discussion of problems encountered and their solutions.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.14 - PROOF OF COMPLETION OF WORKS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon completion of the construction conditions a proof of
				  completion of works for the dam shall be filed on a form provided by the state
				  engineer with appropriate fees in accordance with Subsection F of
				  19.25.12.8 NMAC. The
				  proof of completion of works for the dam shall be filed with original signature
				  of the dam owner and engineer supervising construction. The proof of completion
				  of works form shall be provided to the state engineer as a separate
				  submittal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.15 - CERTIFICATE OF CONSTRUCTION OF A DAM

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of the proof of completion of works form, the
				  state engineer will determine if all construction conditions of the permit were
				  met. Upon a determination by the state engineer that all construction
				  conditions have been complied with, the state engineer shall issue a
				  certificate of construction. The certificate of construction shall address the
				  general properties of the dam and appurtenant structures. The dam owner shall
				  record the certificate of construction with the county clerk of the county
				  within which the works are located.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.16 - LICENSE TO OPERATE A DAM

Current through Register Vol. 35, No. 13, July 16, 2024
Upon issuance of a certificate of construction the state
				  engineer shall issue a license to operate a dam. The license to operate a dam
				  shall address operation conditions and dams shall be operated in accordance
				  with the operation conditions. In addition, dams classified as high and
				  significant hazard potential shall operate in accordance with the operation and
				  maintenance manual and emergency action plan prepared in accordance with
				  Sections 17 and 18 of 19.25.12 NMAC. Failure to comply with the conditions of
				  the license to operate a dam may result in a state engineer order that limits
				  operation, requires specific action by the owner and if necessary the license
				  to operate a dam may be revoked by the state engineer. If a license to operate
				  a dam is revoked the state engineer may order the dam breached in accordance
				  with Subsections B or C of
				  19.25.12.19
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.17 - OPERATION AND MAINTENANCE MANUAL

Current through Register Vol. 35, No. 13, July 16, 2024
Owners of dams classified as high or significant hazard
				  potential shall prepare, maintain and adhere to an operation and maintenance
				  manual that addresses the continued safe operation, maintenance and performance
				  of the dam. Because each site, design and operating practice is unique, waivers
				  of specific requirements in this section will be considered on a case-by-case
				  basis. Request for waiver shall be in writing accompanied with documentation
				  justifying the request. If the request is not justified to the satisfaction of
				  the state engineer the request will be denied. If deemed appropriate, the state
				  engineer may require the owner to obtain the services of a professional
				  engineer licensed in the state of New Mexico qualified in the design and
				  construction of dams to prepare complex technical aspects of the operation and
				  maintenance manual. The operation and maintenance manual shall be submitted in
				  a form acceptable to the state engineer. The operation and maintenance manual
				  shall also be submitted in an electronic format acceptable to the state
				  engineer. The front cover shall identify the document as an operation and
				  maintenance manual and shall show the name of the dam, the county in which the
				  dam is located and the dam owner. The first page behind the front cover shall
				  show the name of the dam, the county in which the dam is located, signed
				  certifications from the dam owner, engineer if required and a certification for
				  the state engineer in accordance with Subsections A, B and E of
				  19.25.12.12 NMAC.
				  Operation or maintenance of the dam in violation of the procedures presented in
				  the accepted operation and maintenance manual that affect the safety of the dam
				  will result in an order being issued requiring the dam owner to address the
				  problem. The state engineer may also issue an order restricting storage in
				  order to improve the unsafe condition. Failure to comply with orders issued by
				  the state engineer may result in the license to operate the dam being revoked
				  and the dam being ordered breached in accordance with Subsection B or C of
				  19.25.12.19
				  NMAC. The operation and maintenance manual shall contain the information
				  described below, if relevant to the project, and any other additional
				  information determined necessary by the state engineer to evaluate if the dam
				  will be operated and maintained in a safe condition.
A. General information: Information on the
				project shall include but not be limited to the following:
(1) location and access;
(2) purpose and description;
(3) table of properties; and
(4) history of construction, repairs and
				performance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.20 - CHANGES TO AN EXISTING NON-JURISDICTIONAL DAM

Current through Register Vol. 35, No. 13, July 16, 2024
A dam owner proposing to reconstruct, enlarge, or modify a
				  non-jurisdictional dam, resulting in a jurisdictional dam after construction is
				  completed, shall comply with
				  19.25.12.11 NMAC
				  before construction begins. If the ownership of a non-jurisdictional dam
				  changes, resulting in a jurisdictional dam, the owner shall comply with
				  19.25.12.11 NMAC.
				  The state engineer will give the owner a reasonable amount of time to comply
				  with
				  19.25.12.11 NMAC.
				  If the owner fails to comply with
				  19.25.12.11 NMAC,
				  the dam will be ordered breached in accordance with Subsection B or C of
				  19.25.12.19
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.22 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion of this part is found to be invalid, the
				  remaining portion of this part shall remain in force and not be
				  affected.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The state engineer adopts these rules and regulations to
				  undertake the supervision of the physical distribution of water, to prevent
				  waste, and to administer the available supply of water by priority date or by
				  alternative administration, as appropriate. These rules apply to all water
				  rights within the state from all sources of water, surface water and
				  hydrologically connected groundwater.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations are established pursuant to
				  constitutional authority set forth in Article XVI of the New Mexico
				  Constitution, and statutory authority enumerated in Sections
				  72-1-2;
				  72-2-8;
				  72-2-9;
				  72-2-9.1;
				  72-3-1
				  -5;
				  72-4-20;
				  72-5-3
				  through 5;
				  72-5-18;
				  72-5-23;
				  72-5-24;
				  72-6-1
				  through 7;
				  72-8-1;
				  72-9-2;
				  72-12-1;
				  72-12-2;
				  72-12-8(D);
				  72-12-24;
				  72-13-2;
				  72-13-4
				  NMSA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 2004, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these rules is to establish the framework
				  for the state engineer to carry out his responsibility to supervise the
				  physical distribution of water to protect senior water right owners, to assure
				  compliance with interstate stream compacts and to prevent waste by
				  administration of water rights. These framework rules employ long-standing
				  statutory mechanisms specified at Section
				  72-3-1
				  through Section
				  72-3-5
				  NMSA, which describe procedures for the creation of water master districts and
				  the appointment of water masters with certain defined duties and authorities.
				  In addition, these rules fulfill the mandates of Section
				  72-2-9.1
				  NMSA, requiring the state engineer to adopt rules for priority administration
				  based on appropriate hydrologic models and expedited marketing and leasing
				  within water master districts subject to priority
				  administration.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.8 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations shall be construed as consistent
				  with, and subject to, the authorities of the state engineer for the
				  administration of water in the state of New Mexico. These rules and regulations
				  shall not be construed as imposing any limitation on the authority of the state
				  engineer to administer water rights, act on water rights applications, permit
				  water rights, or order the curtailment, in whole or in part, of the use of
				  water under any water right. Subsection H of
				  72-2-8
				  NMSA provides that these rules and regulations are presumed to be the correct
				  implementation of the law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.9 - USE OF THESE RULES AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations provide the framework for the
				  promulgation of specific water master district rules and
				  regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 13 - ACTIVE WATER RESOURCE MANAGEMENT › Section 19.25.13.10 - STATE ENGINEER ADOPTION OF DISTRICT-SPECIFIC RULES AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For every district in which water rights administration is
				  requested, or the state engineer determines in the performance of his duties
				  under Section
				  72-2-1
				  NMSA that water rights administration is required for the economical and
				  satisfactory apportionment of water, the state engineer shall adopt rules and
				  regulations, pursuant to Subsection D of
				  72-2-8
				  NMSA, specific to the water master district, which incorporate and adapt the
				  provisions of these rules and regulations to the needs of the specific
				  district.