Section 75-10-7 – Conservation projects; public-private projects.
A. The department may acquire conservation or agricultural easements and hold them in the name of the state. B. When approving a conservation project that is the acquisition of a conservation or agricultural easement by a conservation entity, the department shall require the conservation entity to: (1) acquire no less than ten percent of the […]
Section 75-10-8 – Conservation projects; limitations.
The department may acquire or receive by gift or bequest conservation or agricultural easement interests in real property to advance the purposes of the Natural Heritage Conservation Act. No easement interests, water rights or other rights of access shall be acquired pursuant to the Natural Heritage Conservation Act through exercise of the state’s power of […]
Section 75-10-9 – Annual report to the governor and the legislature.
The department and the committee shall report annually to the governor and the legislature on the status of applications and funded conservation projects. History: Laws 2010, ch. 83, § 9. ANNOTATIONS Effective dates. — Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May […]
Section 75-11-1 – Carlsbad brine well remediation authority; created; membership; powers and duties. (Repealed effective July 1, 2026.)
A. The “Carlsbad brine well remediation authority” is created and is administratively attached to the energy, minerals and natural resources department. B. The membership of the board of directors of the authority shall consist of the following eight members: (1) the secretary of energy, minerals and natural resources or the secretary’s designee, who shall serve […]
Section 75-11-2 – Carlsbad brine well remediation fund; created; purpose; conditions. (Repealed effective July 1, 2026.)
A. The “Carlsbad brine well remediation fund” is created in the state treasury. The energy, minerals and natural resources department shall administer the fund. The fund shall be used by the Carlsbad brine well remediation authority to the extent that revenues are available to remediate the Carlsbad brine well or to acquire property adjacent to […]
Section 75-11-3 – Termination of agency life; delayed repeal. (Repealed effective July 1, 2026.)
The Carlsbad brine well remediation authority is terminated on July 1, 2025 pursuant to the Sunset Act [12-9-11 through 12-9-21 NMSA 1978]. The authority shall continue to operate according to the provisions of Sections 75-11-1 and 75-11-2 NMSA 1978 until July 1, 2026. Effective July 1, 2026, Sections 75-11-1 and 75-11-2 NMSA 1978 are repealed. […]
Section 75-9-3 – Definitions.
As used in the Land Conservation Incentives Act: A. “interest in real property” means a right in real property, including access, improvements, water rights, fee simple interest, easement and land use easement. The interest shall comply with the requirements of the Section 170(h) of the Internal Revenue Code of 1986, partial interest, mineral right, remainder […]
Section 75-9-4 – Administration.
A. The Land Conservation Incentives Act shall be administered by the secretary of energy, minerals and natural resources in consultation with the committee established pursuant to the Natural Lands Protection Act [75-5-1 to 75-5-6 NMSA 1978]. B. The secretary of energy, minerals and natural resources may promulgate rules as may be deemed necessary to certify […]
Section 75-9-5 – Applicability and limitations.
A. The tax credits provided by the Land Conservation Incentives Act apply to transfers of land or interests therein in taxable years beginning on or after January 1, 2004 and all taxable years thereafter. B. A taxpayer claiming a tax credit pursuant to the Land Conservation Incentives Act may not claim a credit pursuant to […]
Section 75-9-6 – Interpretation.
No part or segment of the Land Conservation Incentives Act shall be interpreted to alter or amend permit requirements, reporting requirements, allocation procedures or other requirements as set forth in any other provision of state law. History: Laws 2003, ch. 331, § 6. ANNOTATIONS Effective dates. — Laws 2003, ch. 331, § 9 makes the […]