Chapter 72, Article 6 NMSA 1978 may be cited as the “Water-Use Leasing Act”. History: 1953 Comp., § 75-40-1, enacted by Laws 1967, ch. 100, § 1; 2014, ch. 45, § 1; 2014, ch. 48, § 1. ANNOTATIONS The 2014 amendment, effective May 21, 2014, added the NMSA chapter and article for the Water Leasing […]
As used in the Water-Use Leasing Act: A. “owner” means a person who owns a valid water right; B. “lessee” means a person who leases the use of water from an owner; C. “person” means the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other […]
A. An owner may lease to any person all or any part of the water use due the owner under the owner’s water right, and the owner’s water right shall not be affected by the lease of the use. The use to which the owner is entitled under the owner’s right shall, during the exercise […]
Prior to his use of such water, the lessee shall apply to the state engineer requesting approval for the use and location of use to which such water will be put. The engineer shall prescribe the form of such application and may require any information pertinent to the matter. History: 1953 Comp., § 75-40-4, enacted […]
A. The state engineer shall approve the application if the applicant has reasonably shown that his proposed use and location of use is a beneficial use and: (1) will not impair any existing right to a greater degree than such right is, or would be, impaired by the continued use and location of use by […]
A. Upon the filing of an application by a lessee, the state engineer shall proceed in accordance with the provisions of Section 1 [72-2-20 NMSA 1978] of this 2019 act regarding notice of the application. B. Any owner who believes the owner’s water rights will be adversely affected by the granting of the application may […]
The final ruling of the engineer on such hearing may be appealed by either the applicant or a protestant. Such appeal shall be governed by the provisions of Section 72-7-1 through Section 72-7-3 NMSA 1978. History: 1953 Comp., § 75-40-7, enacted by Laws 1967, ch. 100, § 7. ANNOTATIONS Cross references. — For appeal de […]
