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.
ANNOTATIONS
Cross 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. 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.
Notes of Decisions
Gen. Tel. Co. v. State Tax Comm'n, 367 P.2d 711 (N.M. 1962).
· cites it 4× “The assessment and valuation of appellee’s properties was made pursuant to § 72-6-4, N.M.S.A., 1953 Comp., which provides: “72-6-4.”
Halliburton Co. v. Prop. Appraisal Dep't, 542 P.2d 56 (N.M. Ct. App. 1975).
· cites it 8× “PAD asserts the classification has a reasonable basis because “imposition of tax on the inventories of the contractors referred to in Section 72-6-4 (A) (1) (c), supra, is susceptible to better procedure in order to obtain uniformity and equality in the valuation and assessment…”
Sandia Sav. & Loan Ass'n v. Kleinheim, 391 P.2d 324 (N.M. 1964).
“For the year 1961 the state tax commission determined the actual value of the shares of capital stock of plaintiff and certified the same to the local assessor of Bernalillo County, as required by § 72-6-4, N.M.S.A.1953. The value certified was determined in accordance with §…”
N.M. Stat. § 72-6-4(1): 1 case
N.M. Stat. § 72-6-4(5): 1 case
Gen. Tel. Co. v. State Tax Comm'n, 367 P.2d 711 (N.M. 1962).
“The assessment and valuation of appellee’s properties was made pursuant to § 72-6-4, N.M.S.A., 1953 Comp., which provides: “72-6-4.”
N.M. Stat. § 72-6-4(A): 1 case
Halliburton Co. v. Prop. Appraisal Dep't, 542 P.2d 56 (N.M. Ct. App. 1975).
“PAD asserts the classification has a reasonable basis because “imposition of tax on the inventories of the contractors referred to in Section 72-6-4 (A) (1) (c), supra, is susceptible to better procedure in order to obtain uniformity and equality in the valuation and assessment…”
N.M. Stat. § 72-6-4(A)(1): 1 case
Halliburton Co. v. Prop. Appraisal Dep't, 542 P.2d 56 (N.M. Ct. App. 1975).
“PAD asserts the classification has a reasonable basis because “imposition of tax on the inventories of the contractors referred to in Section 72-6-4 (A) (1) (c), supra, is susceptible to better procedure in order to obtain uniformity and equality in the valuation and assessment…”
N.M. Stat. § 72-6-4(A)(1)(c): 1 case
Halliburton Co. v. Prop. Appraisal Dep't, 542 P.2d 56 (N.M. Ct. App. 1975).
“PAD asserts the classification has a reasonable basis because “imposition of tax on the inventories of the contractors referred to in Section 72-6-4 (A) (1) (c), supra, is susceptible to better procedure in order to obtain uniformity and equality in the valuation and assessment…”
N.M. Stat. § 72-6-4(A)(l)(c): 1 case
Halliburton Co. v. Prop. Appraisal Dep't, 542 P.2d 56 (N.M. Ct. App. 1975).
“PAD asserts the classification has a reasonable basis because “imposition of tax on the inventories of the contractors referred to in Section 72-6-4 (A) (1) (c), supra, is susceptible to better procedure in order to obtain uniformity and equality in the valuation and assessment…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.