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 by Laws 1967, ch. 100, § 4. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978.State engineer is without statutory or regulatory authority to issue preliminary approvals of proposed leases of water rights. — The legislature has provided standards that the state engineer must follow when considering the approval of proposed leases of water rights and has provided a step by step process of the administrative procedures that a lease application is subject to, including the incorporation of procedural requirements to add public notice and specific timelines to the state engineer's review of these applications, and therefore where the state engineer has approved temporary changes in water use leases on a 'preliminary' basis prior to or without a hearing, this practice is without statutory authority. ations, and therefore where the state engineer has approved temporary changes in water use leases on a 'preliminary' basis prior to or without a hearing, this practice is without statutory authority. Moreover, state engineer regulations explicitly prohibit changes to point of diversion, place of use, or purpose of use prior to use by a lessee without the opportunity for objections to be considered in a hearing first. The law does not allow for the state engineer to circumvent procedures and protections clearly defined in statute, even if temporary in nature. 2023 Op. Att'y Gen. No. 23-01.Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 180.
New Mexico Legal Code