reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent, unless otherwise provided in a specific section of
				  this part.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 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 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to provide for the orderly and
				  lawful administration and the appropriate granting of easements and rights of
				  way on trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.8 - NO RIGHTS TO BE OBTAINED BY PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
Easements or rights of way on trust lands may be acquired
				  only by application and grant made in compliance with this part and applicable
				  laws. No easement, right of way, or other interest in trust lands may be
				  acquired by prescription, or pursuant to any other legal doctrine, except as
				  provided by statute.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.9 - TRESPASS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any use of trust
				lands for right of way or easement purposes prior to the grant of a right of
				way or easement as provided by this Part 10 shall constitute an unauthorized
				use of such lands and will be deemed a trespass. The use of trust lands for
				easement or right of way purposes, if based upon any approval by any means
				other than as provided for in this Part 10, will likewise be deemed a trespass.
				However, in extenuating circumstances and for good cause shown, the
				commissioner may, in the commissioner's discretion and upon written request,
				waive the trespass penalties set out below when the trespass consists of an
				inadvertent failure to obtain or renew an easement or right of way and that
				failure is promptly corrected when discovered.
B. Upon notification or determination that an
				unauthorized use exists, the commissioner shall initiate criminal or civil
				trespass sanctions, or both, against the unauthorized user; provided, however,
				that prior to the initiation of such action, the commissioner may attempt to
				remedy the trespass non-judicially by such means as the commissioner deems best
				including, but not limited to:
1) offering
				the unauthorized user the opportunity to terminate the unauthorized use,
				restore the lands to their condition prior to the unauthorized use, and pay the
				prorated fair market value of the unauthorized use through the date of
				termination; or,
2) offering to
				ratify the unauthorized use upon receipt of the required consideration plus the
				applicable trespass penalty set forth in Subsection D of 19.2.10.9 NMAC below.
				The commissioner shall not initiate or otherwise pursue criminal or civil
				trespass sanctions against an unauthorized user if that unauthorized user
				accepts and complies with any non-judicial remedy offered by the commissioner
				to remedy the unauthorized use.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.10 - LANDS SUBJECT TO APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant must review state land office records to
				  determine which rights, if any, have been conveyed to or contracted for by
				  third parties, which would limit or prohibit the commissioner's issuance of
				  additional interests. As to lands under purchase contract, see
				  19.2.10.29
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.11 - SURVEY PERMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
Anyone desiring to apply for an easement or right of way
				  covering trust lands shall, prior to entry for surveying activities, file with
				  the commissioner a written notice of intent to conduct a survey of the proposed
				  location of such easement or right of way.
A. Such written notice, which may be in
				letter form, shall adequately describe the proposed project, including the
				purpose and general location (giving section, township and range
				coordinates).
B. The written notice
				shall contain the following agreement: "The undersigned applicant indemnifies
				and holds harmless the commissioner, the commissioner's agents and employees,
				and any authorized lessees of the state of New Mexico, against any and all
				liability for loss of life, personal injury and property damage due to survey
				or related activities of the applicant, or by employees, contractors or
				subcontractors of the applicant." In lieu of such agreement, the applicant may
				submit a surety bond in an amount acceptable to the commissioner.
C. Upon receipt of the notice, the
				commissioner shall first determine whether the requested survey is, in fact,
				trust lands, and if the notice and agreement are acceptable. If accepted, the
				applicant and any surface lessees will be notified, and the applicant will be
				informed of any conditions being imposed on the proposed entry by the
				commissioner. Failure to comply with such conditions may result in the denial
				of a subsequent application for a right of way or easement.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.12 - SURVEY PLAT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless
				waived by the commissioner pursuant to
				19.2.10.13 NMAC,
				each application for an easement or right of way shall include a survey plat,
				which describes the location (by quarter-section parts or lots, township, and
				range coordinates) of the proposed easement or right of way. The survey plat
				shall be based upon an actual survey on the ground and shall include a plat
				prepared in accordance with the Minimum Standards for Surveying in New Mexico
				as set out by the New Mexico board of registration for professional engineers
				and surveyors, by a professional surveyor who is registered in New Mexico or
				exempt from registration under the provisions of the Engineering and Surveying
				Practice Act, Sections 61-23-1 to -32 NMSA 1978, or its successor provisions.
				The survey plat shall be properly certified showing the surveyor's state of
				registration and registration number. The survey plat shall show the centerline
				of the proposed easement or right of way or, if there is no centerline, then
				the area of the proposed easement or right of way. The survey plat shall
				identify every point where the proposed easement or right of way enters or
				leaves state trust land, crosses a section line, fence, road, pipeline,
				telephone line, irrigation works, or any other visible boundary, use, or
				easement. The survey plat shall show the location of all improvements in the
				close proximity of the easement or right of way. The survey plat shall show
				ties to section and quarter section corners, and measurements shall be to the
				nearest tenth of a foot with bearings expressed to the nearest minute. In no
				case shall the smallest unit of angular measurement be more than one minute.
				Acreage shall be computed to the nearest one hundredth of an acre and the
				survey plat shall show the number of acres, and the number of rods, included in
				the proposed easement or right of way in each legal subdivision of 40 acres,
				more or less.
B. When the
				requirement to submit a survey plat in accordance with Subsection A of
				19.2.10.12 NMAC has been waived pursuant to
				19.2.10.13 NMAC,
				then the applicant must provide to the commissioner a plat (prepared by the
				applicant, or the applicant's designated agent), drawn to scale, and showing
				the location of the easement or right of way and indicating the approximate
				number of acres and rods to be taken, as well as the legal description (by
				quarter-section parts or lots, township, and range coordinates) of the lands to
				be burdened by the proposed easement or right of way in the form required by
				Subsection A of 19.2.10.12 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.13 - APPLICATION FORM

Current through Register Vol. 35, No. 13, July 16, 2024
Written application for any grant of an easement or right of
				  way shall be made upon forms prescribed and furnished by the commissioner. Such
				  application shall be made under oath, and contain the following:
A. the application fee as set forth in the
				schedule of fees;
B. the field
				inspection fee as set forth in the schedule of fees, which fee may, in the
				discretion of the commissioner, be waived where the applicant is a governmental
				body which is prohibited by law from paying fees; and,
C. a legal description of the trust lands to
				be burdened by the proposed easement or right of way, together with a survey
				plat as provided under Subsection A of
				19.2.10.12
				NMAC; provided, however, that the requirement to submit a survey plat in
				accordance with Subsection A of
				19.2.10.12
				NMAC may be waived, in the discretion of the commissioner, upon a showing of
				good cause or undue hardship; all requests for waivers, setting forth the basis
				of the request, must be submitted in writing to the commissioner; in the event
				a waiver is granted, the applicant shall comply with the requirements set forth
				in Subsection B of
				19.2.10.12
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.14 - TENURE

Current through Register Vol. 35, No. 13, July 16, 2024
Easements and rights of way granted under this part shall be
				  granted for a term, which the commissioner, in the commissioner's discretion,
				  deems in the best interests of the trust. Under no circumstances will the
				  commissioner grant an easement or right of way for a perpetual term or as a fee
				  simple grant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.15 - CONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				telecommunications, electric line, and pipeline easements and rights-of-way,
				consideration for the grant of a right of way or easement shall be in an amount
				determined by the applicable price schedule unless the commissioner, in the
				commissioner's discretion, elects to establish the price through separate field
				inspection or appraisal, and/or subsequent negotiation, taking into account the
				circumstances and damage to remaining lands; for all others, consideration
				shall be determined by field inspection or appraisal, and/or subsequent
				negotiation, or such other method as the commissioner in the commissioner's
				discretion deems best. In each case however, unless a credit is allowed
				pursuant to Subsection B of 19.2.10.15 NMAC below, consideration shall not be
				less than the fair market value of the interest to be granted. This Section
				19.2.10.15 applies to all federal, state, county, municipal, or other
				governmental agencies, as well as quasi-governmental bodies or organizations,
				as if they were private parties.
B.
				For gathering pipelines, salt water disposal pipelines and other pipelines not
				used for main transmission, the commissioner may authorize a credit of up to
				thirty percent of the fair market value of the interest to be granted if, after
				a written showing by the applicant, the commissioner, in the commissioner's
				sole discretion, determines:
1) that the
				grant of an easement or right of way, with a credit, will enhance oil and gas
				production from trust lands;
2)
				that the royalties resulting from the enhanced oil and gas production will far
				exceed any benefits derived from receiving fair market value from the grant of
				easement or right of way; and
3)
				that granting the credit is in the best interests of the trust. If such a
				credit is authorized, the grantee shall pay the fair market value less the
				amount of the credit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.16 - EASEMENT OR RIGHT OF WAY DIMENSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner shall determine the minimum dimensions of
				  easements and rights of way, which determinations may be changed from time to
				  time or waived in the commissioner's discretion.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.17 - ACCESS PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
The rights granted by the commissioner in any right of way or
				  easement shall not include any right of access over, or right to use, trust
				  lands not within the actual dimensions of the right of way or easement. If a
				  right of way or easement is not large enough to permit vehicular or other
				  access necessary for the maintenance, repair, or improvement, of the right of
				  way or easement, or for other permitted activities within the right of way or
				  easement, access in such cases must be obtained by applying for and receiving a
				  temporary access permit from the commissioner using such form or forms, and
				  subject to the payment of such fees and costs, as the commissioner deems in the
				  best interests of the trust and promulgates from time to time. Temporary access
				  permits may also be issued to prospective applicants for rights of way or
				  easements to allow them to conduct pre-application assessments. Each entry upon
				  trust lands without an access permit as required by 19.2.10.17 NMAC shall be a
				  separate trespass under
				  19.2.10.9
				  NMAC above.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.18 - DAMAGE SURETY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The holder
				of an easement or right of way is required to compensate the state or its
				lessee, patentee, or purchase contract holder, for the reasonable value of any
				measurable damage done to improvements or other property, belonging to the
				person claiming such damages, lawfully upon the trust lands burdened by the
				easement or right of way. Before an easement or right of way may be issued, the
				applicant shall file with the commissioner a bond or other surety in an amount
				determined by the commissioner to be sufficient to cover such damages;
				provided, however, that the commissioner, in the exercise of the commissioner's
				discretion, may waive this requirement if the applicant agrees to furnish to
				the commissioner, upon request, the names and addresses of its construction
				contractors, and if at least one of the following additional conditions is met:
(1) each lessee, patentee or purchase
				contract holder of the trust lands burdened by the easement or right of way
				provides a written waiver of this surety bond requirement; or,
(2) the applicant is a governmental agency
				which is prohibited by law from posting a surety bond and lawfully assumes sole
				and complete contractual liability for any damages arising from or in
				connection with its survey or use of the right of way or easement;
				or,
(3) the applicant is a
				governmental agency which is not immune from suit or is otherwise required by
				law to pay such damages and is thereby its own insurer, and lawfully assumes
				sole and complete contractual liability for any damages arising from or in
				connection with its survey or use of the right of way or easement;
				or,
(4) the commissioner, in the
				commissioner's discretion, is satisfied that each lessee, patentee or contract
				holder will be afforded adequate protection other than through the posting of a
				bond or other surety by the applicant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.19 - EXPEDITED APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the request of an applicant, satisfactorily
				  demonstrating an emergency situation, an application for an easement or right
				  of way may be expedited as follows:
A.
				If the applicant does not already have one, the application may be sent to the
				applicant by fax or in electronic format.
B. The applicant must complete the
				application and return it with an offered rental and the appropriate
				fees.
C. A telephonic inquiry will
				then be made to the appropriate state land office personnel for verbal
				recommendations regarding the application and the proper fee per unit to be
				charged.
D. After evaluating the
				verbal recommendation from the state land office personnel, an easement or
				right of way will be prepared along with a request for additional rental if
				necessary and faxed to the applicant.
E. Upon return of the faxed and signed
				notarized easement, along with payment of or an acceptable agreement to pay
				additional rental if requested, the applicant will, within three days of
				receipt
,
be given verbal or fax approval.
[19.2.10.19 NMAC EXPEDITED APPLICATION is a new section added
				  and replaces 19.2.10.19 NMAC CONSTRUCTION REPORTS. The old section headed
				  CONSTRUCTION REPORTS is now 19.2.10.20 NMAC below]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.20 - CONSTRUCTION REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The holder of an easement or right of way shall notify the
				  commissioner immediately when any historic or prehistoric ruin or monument, or
				  any object of historical, archeological, or scientific value is discovered upon
				  or within the easement or right of way. Upon such discovery, the holder of the
				  easement or right of way shall immediately refrain from further use or
				  disturbance of the discovery area, or any related areas where further
				  discoveries are likely, until the commissioner has consented in writing to any
				  further activity upon or use of the easement or right of way and notified such
				  other authorities as the commissioner deems it in the best interests of the
				  trust to notify.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.21 - AFFIDAVIT OF COMPLETION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the completion of construction of any easement or right
				  of way, the holder of the easement or right of way shall, within 60 days after
				  completion of construction, file with the commissioner an affidavit of
				  completion. Failure to file such affidavit in accordance with this section
				  shall subject the easement or right of way to termination in accordance with
				  the provisions of this part.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.22 - CONFLICT OF USE

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise authorized in writing by the commissioner,
				  an easement or right of way shall not be used for any other or additional
				  purposes or by any other or additional parties except those expressly
				  identified in the grant of easement or right of way. Unless expressly stated
				  otherwise in the grant of easement or right of way, the commissioner reserves
				  the right to grant easements or rights of way to third parties over, under,
				  upon, through, across or parallel to an existing easement or right of way;
				  provided, however, that the commissioner shall not approve such subsequent
				  easements or rights of way if, in the commissioner's discretion, such co-use
				  would present a safety hazard or otherwise unreasonably interfere with the
				  existing easement or right of way. When a subsequent easement or right of way
				  is permitted, the commissioner will require the subsequent grantee to post a
				  bond or other surety to insure payment of damages, if any, which are done to
				  the prior grantee's improvements and installations unless the prior grantee
				  waives this requirement.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.23 - AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any holder of an existing easement or right of way desiring
				  to change the use, or widen or otherwise alter the easement or right of way
				  shall make application to do so by following the same procedure as is used in
				  making an application for a new easement or right of way. Depending on the
				  scope of the proposed change to the easement or right of way, the commissioner
				  may waive certain application requirements, such as the survey plat or the
				  application fee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.24 - ASSIGNMENT - RELINQUISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
An easement or right of way may be assigned to third parties
				  or relinquished to the state with the prior written approval of the
				  commissioner and upon such terms and conditions as the commissioner may
				  prescribe, and payment of the fee as set forth in the schedule of fees. The
				  commissioner may waive the relinquishment fee when relinquishment is to
				  accommodate a request or demand of the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.25 - RENEWAL OF EASEMENT OR RIGHT OF WAY

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to the expiration date of any easement or right of way
				  heretofore or hereafter granted for a limited term of years, an application may
				  be submitted for a renewal of the grant. If the renewal involves no change in
				  the location or status of the original easement or right of way, the applicant
				  may file with the application a statement under oath setting out this fact, and
				  the commissioner, in the commissioner's discretion, may extend the grant for an
				  additional term upon payment of such additional consideration as the
				  commissioner determines is appropriate; provided, however, that in no case
				  shall such consideration be less than the fair market value of the interest
				  granted unless a credit is allowed by this part.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.26 - TERMINATION OF EASEMENT OR RIGHT OF WAY

Current through Register Vol. 35, No. 13, July 16, 2024
Any easement or right of way granted by the commissioner on
				  trust land may be terminated in whole or in part for failure to comply with any
				  term or condition of the grant or any applicable laws or regulations. Upon
				  determination by the commissioner that an easement or right of way is subject
				  to termination pursuant to the terms or conditions of the grant or applicable
				  laws or regulations, the commissioner shall give the grantee a written 30-day
				  notice at the address shown most recently in the records of the state land
				  office, and if the grantee fails to remedy the problems set out in the notice
				  to the satisfaction of the commissioner, then the commissioner shall issue an
				  appropriate instrument terminating the easement or right of way, which
				  instrument shall be placed in the public records of the state land office with
				  a copy to the former grantee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.27 - ABANDONMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Abandonment of all or part of an easement or right of way by
				  a grantee shall consist of the non-use of all or part of a granted easement or
				  right of way for the purposes authorized in the granting instrument for a
				  period of one year. Upon discovering evidence of abandonment, the commissioner
				  shall notify the grantee by written notice sent by regular mail to the
				  grantee's last known address as shown in the records of the state land office,
				  giving the grantee 60 days to prove that abandonment did not occur, all to the
				  commissioner's satisfaction. Failure to do so shall result in the termination
				  of the easement or right of way due to the failure of a condition subsequent,
				  and upon such termination the easement or right of way shall automatically vest
				  in the commissioner without further action or notice required. Any non-use of a
				  portion of an easement or right of way for a period of one year shall, at the
				  commissioner's discretion, be deemed an abandonment of that portion so used and
				  subject to termination.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.28 - RECLAMATION AND RESTORATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who enters upon trust lands for purposes of
				  surveying or constructing an easement or right of way shall take all steps
				  necessary to preserve and protect the natural environmental conditions of the
				  land, including reclamation of disturbed areas by leveling or terracing and
				  reasonable attempts at re-vegetation where appropriate. Re-vegetation shall
				  include the establishment of suitable grasses and forbs in accordance with
				  applicable state land office rules and policies. The grantee of any right of
				  way or easement shall consult with the commissioner regarding reclamation prior
				  to undertaking reclamation and shall make reasonable attempts at
				  restoration.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.29 - EASEMENTS OR RIGHTS OF WAY OVER PURCHASE CONTRACT LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commissioner may, on the basis of the
				state's legal title and subject to the terms and conditions of the applicable
				purchase contract, approve and record easements and rights of way over, upon,
				through or across purchase contract lands on the following terms and
				conditions:
(1) submission of an application
				by the easement or right of way applicant on the form prescribed by the
				commissioner accompanied by an original or certified copy of the easement or
				right of way executed between the applicant and the purchase contract
				holder;
(2) payment of the
				administrative fee as set forth in the schedule of fees for the approval and
				recording of the easement or right of way; and,
(3) submission of a legal description of the
				property to be burdened by the easement or right of way, together with a survey
				plat as provided in
				19.2.10.12
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.30 - INFORMAL RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any party aggrieved by a decision related to the payment of
				  amounts due for any easement or right of way granted or applied for under this
				  part, may request an informal reconsideration of such decision by written
				  request made to the commissioner. Such request shall describe the decision for
				  which reconsideration is requested, state the grounds for reconsideration and
				  the relief sought, and be submitted to the commissioner within 15 days after
				  the date of the decision for which reconsideration is requested. Any such
				  request will be reviewed and decided by the commissioner in an expeditious
				  manner, with or without an oral presentation by the aggrieved party. The right
				  to request informal reconsideration shall be in addition to, and not in lieu
				  of, any right of contest available to the aggrieved party, and the filing of a
				  request for informal reconsideration shall not extend any deadline for
				  initiating a contest proceeding.
[The old section 19.2.10.30 NMAC PRICE SCHEDULE:
				  TELECOMMUNICATIONS EASEMENTS AND RIGHTS OF WAY is repealed, effective
				  06/30/04]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands, New Mexico State Land Office,
				  310 Old Santa Fe Trail, P. O. Box 1148, Santa Fe, New Mexico 87501, Phone:
				  (505)827-5713
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule pertains to all salt water disposal site easements
				  on those lands held in trust by the commissioner of public lands under the
				  terms of the Enabling Act and subsequent legislation (trust lands). This Rule
				  governs the grantees of all salt water disposal site easements on such trust
				  lands entered into subsequent to the date of this Rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the trust lands is
				  found in N.M. Const., Art. XIII, and in Section
				  19-1-1
				  NMSA 1978. The authority to promulgate this Rule is found in Section
				  19-1-2
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 20, 1984, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.11 NMAC is to provide for the orderly
				  and lawful administration, and the appropriate use and development of salt
				  water disposal site easements on trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"
Schedule of fees
" means 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.8 - APPLICABILITY OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The following rules govern the issuance of easements upon
				  state trust lands for sites for the underground disposal of salt water produced
				  in connection with oil and gas operations. Because an oil and gas lessee is
				  entitled to use so much of the land as is necessary to explore for and remove
				  the oil and gas, the lessee does not need additional permission of the
				  commissioner to dispose of the salt water upon or under the leased land so long
				  as the water being disposed of is produced exclusively from wells upon the
				  state trust land and so long as it is reasonable under the circumstances to do
				  so. Conversely, if any of the salt water to be injected is produced from land
				  not under the applicant's state oil and gas lease, then the applicant, in
				  addition to a disposal site easement, will be required to secure a regular
				  right of way and easement for a pipeline, roadway, or other means of conveyance
				  under the rules pertaining to right of way and easements generally. (See
				  19.2.10 NMAC "Rules Relating to Easements, and Rights of Way".) Permission to
				  dispose of produced salt water in natural salt lakes, or other surface
				  facilities located upon state trust lands and approved by the New Mexico oil
				  conservation commission, shall be given at the discretion of the commissioner
				  by means of issuance of a "business lease." (See 19.2.9 NMAC "Business
				  Leasing".)
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.9 - LANDS AVAILABLE FOR DISPOSAL SITE EASEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Subject to the commissioner's right to
				exercise the commissioner's discretion, all lands listed as state owned on New
				Mexico state land office tract books are subject to application for salt water
				disposal easement sites; however, reference must be had to New Mexico state
				land office records in each case to determine which prior rights, if any, have
				been conveyed to or contracted for by third parties which would limit or
				prohibit the commissioner from issuing a salt water disposal site easement. In
				any case, such easements are issued subject to prior rights.
B. The commissioner reserves the right to
				refuse to grant an easement when to do so would be detrimental to the trust.
				The following are some of the factors which may have bearing on the
				commissioner's decision:
(1) That an
				abandoned oil or gas well may have greater value for foreseeable future oil or
				gas production from a different zone.
(2) That the salt water storage space
				proposed to be used may be needed for disposal of salt water produced from
				wells on state trust lands in the foreseeable future.
(3) That disposal of salt water in the
				particular zone may interfere with development and production of oil and gas or
				other minerals owned by the state of New Mexico in trust.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.10 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Each application for a salt water disposal easement shall be
				  made in ink or typewritten upon forms prescribed and furnished by the
				  commissioner, under oath, and accompanied by the following:
A. a filing fee as set forth in the schedule
				of fees;
B. a plat showing disposal
				well and wells from which produced salt water is to be disposed together with
				pipelines and haul roads;
C. if the
				land is under an oil and gas lease, the written consent of the record owner
				that the easement may be issued, or in the event of the record owner's refusal
				to consent, then a statement of the reasons, if any, given for the
				refusal;
D. statement as to the
				estimated number of barrels of salt water to be disposed; and
E. a written appraisal of the land made under
				oath by some disinterested and credible person familiar with the land. All
				easements, except as to the true value of the land, must be based upon personal
				knowledge and not upon information and belief.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.11 - TERM AND CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Salt water disposal site easements shall be issued for five
				  (5) years or less with a preference right of renewal, subject to the
				  commissioner's decision not to continue the easement. The easement shall
				  normally cover not more than two and one half (2 1/2) acres surrounding the
				  proposed injection site. Applicant shall also file an appraisal of the land
				  with regard to the value for water easement purposes made under oath by some
				  disinterested party who is familiar with the land. Such appraisal shall take
				  into account the extent and nature of the use that the application indicates
				  will be made of the surface.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.12 - CONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
Payment for such water disposal easement sites shall be at a
				  negotiated rate but not less than two hundred fifty dollars ($250.00) annual
				  rental.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.13 - BOND

Current through Register Vol. 35, No. 13, July 16, 2024
Before any disposal site easement is issued, the applicant
				  shall post with the commissioner a sufficient bond or undertaking in an amount
				  to be fixed by the commissioner, in favor of the owner of improvements lawfully
				  located upon the land, to secure payment of damage, if any, done to such
				  improvements by reason of the operations of the applicant. Upon written notice
				  to the holder of a salt water disposal site easement, the commissioner may
				  require such holder to fence the site for the protection of the surface user's
				  livestock.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 11 - RELATING TO SALT WATER DISPOSAL SITE EASEMENTS › Section 19.2.11.14 - ASSIGNMENT - RELINQUISHMENT - CANCELLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A disposal site easement may, with the prior written approval
				  of the commissioner, upon such terms and conditions as the commissioner may
				  require, and payment of the fee as set forth in the schedule of fees, be
				  assigned to third parties or relinquished to the state and the commissioner may
				  cancel such easement for breach or violation of the terms and conditions
				  thereof after thirty days registered notice is given as required by law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands, New Mexico State Land Office,
				  310 Old Santa Fe Trail, P. O. Box 1148, Santa Fe, New Mexico 87501, Phone:
				  (505) 827-5713
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule pertains to all water resources on those lands held
				  in trust by the commissioner of public lands under the terms of the Enabling
				  Act and subsequent legislation (trust lands), except such water as is used and
				  developed in connection with the development, under lease, of oil and gas
				  resources on such lands. Other rules which should be consulted regarding the
				  development and use of water resources on trust lands are: the Rule pertaining
				  to Easements and Rights of Way, the Rule pertaining to Agricultural Leases, and
				  the Rule pertaining to Commercial Leases. This Rule governs all persons using
				  state trust lands under lease, easement or right of way entered into subsequent
				  to the date of this Rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the trust lands is
				  found in N.M. Const., Art. XIII, and in Section
				  19-1-1
				  NMSA 1978. The authority to promulgate this Rule is found in Section
				  19-1-2
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 20, 1984, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.12 NMAC is to provide for the interim
				  orderly and lawful administration, and the appropriate development and use of
				  water resources on state trust lands. A permanent rule will be proposed when
				  the commissioner has more clearly defined the proper administration of water
				  resources on state trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"
Schedule of fees
" means 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.8 - APPLICABILITY AND PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to assure that the development and use
				  of water and water rights connected with state trust lands occurs in the most
				  beneficial manner to the trust. This rule is further intended to be an interim
				  rule, to be effective while the commissioner is assessing the commissioner's
				  duties with regard to water resources connected with state trust land. A
				  permanent rule will be proposed when those duties have been defined. This rule
				  shall govern in all situations where the law requires the consent of the
				  commissioner, as administrator of the state trust lands, prior to the approval
				  by the state engineer of the appropriation or use of water from state trust
				  lands. 19.2.10 NMAC "Easements and Rights of Way", should be consulted when
				  seeking permission to move water across state trust lands. Rule 8.023 governs
				  when the use of water from state lands involves improvements on grazing or
				  agricultural leases.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.9 - APPLICATION FOR CONSENT FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Application for the commissioner's consent to the
				  appropriation or use of water shall be made upon a form furnished by the
				  commissioner and shall be accompanied by the filing fee as set forth in the
				  schedule of fees. Thereafter, the commissioner shall enter into negotiations
				  with each applicant on an individual basis to arrive at mutually satisfactory
				  terms for the appropriation or use of water from state trust
				  lands.