New Mexico Statutes

N.M. Stat. § 75-11-1 (2026)

Carlsbad brine well remediation authority; created;

✓ current as of May 2026

Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

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 (Repealed effective July 1, 2026.)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 as chair of the board;

(2) the chair of the Eddy county board of county commissioners or the chair's designee;

(3) the mayor of the city of Carlsbad or the mayor's designee;

(4) the secretary of environment or the secretary's designee;

(5) the secretary of transportation or the secretary's designee;

(6) the manager of the Carlsbad irrigation district or the manager's designee;

(7) the state engineer or the state engineer's designee; and

(8) the attorney general or the attorney general's designee.

C. The authority shall set policy and regulate, supervise and administer the remediation of the Carlsbad brine well.

D. The authority may:

(1) promulgate rules to carry out the provisions of this section;

(2) make and execute all contracts and other instruments; (3) contract with the municipality or county in fulfillment of its duties; and

(4) acquire, maintain or contract for property.

E. On or before November 15 of each year, the authority shall report to the radioactive and hazardous materials interim committee and the legislative finance committee on the status of the remediation of the Carlsbad brine well and expenditures from the Carlsbad brine well remediation fund.

F. Nothing in this section shall be construed as a waiver or alteration of the immunity from liability granted pursuant to the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] or as a waiver of any other immunity or privilege under law.

G. For the purposes of this section:

(1) "authority" means the Carlsbad brine well remediation authority; and

(2) "Carlsbad brine well" means the brine well located at SW/4 of the SW/4 in Section 17, Township 22 South, Range 27 East, NMPM; Eddy County, New Mexico.

History: Laws 2017, ch. 11, § 1; 2017, ch. 118, § 1; 2018, ch. 26, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 75-11-3 NMSA 1978.

The 2018 amendment, effective February 28, 2018, amended the powers and duties of the Carlsbad Brine Well Remediation Authority (Authority), administratively attached the Authority to the energy, minerals and natural resources department (EMNRD), replaced the mayor of the city of Carlsbad with the EMNRD secretary as the chair of the Authority, required the Authority to report annually to the radioactive and hazardous materials interim committee and the legislative finance committee on the status of the remediation of the Carlsbad brine well and expenditures from the Carlsbad brine well remediation fund, and defined "authority" and "Carlsbad brine well" for purposes of this section; in the catchline, deleted "administration of the carlsbad brine well remediation" and added "powers and duties"; in Subsection A, after "remediation", deleted "advisory", after "created", deleted "The authority is a governmental entity of the state" and added "and is administratively attached to the energy, minerals and natural resources department."; added new subsection heading "B." and redesignated former Subsection B as Subsection C; in Paragraphs B(1) and B(3), deleted "mayor of the city of Carlsbad or the mayor’s" and added "secretary of energy, minerals and natural resources or the secretary’s"; in Subsection C, after "The", deleted "advisory", after "authority", deleted the colon and the paragraph designation "(1)", after "shall", deleted "recommend policy for and advise the oil conservation division of the energy, minerals and natural resources department on the" and added "set policy and regulate, supervise and administer the", and after "Carlsbad brine well", deleted the remainder of the subsection, which provided the location of the Carlsbad brine well and granted certain powers to the advisory authority; added new Subsections D and E, and redesignated former Subsection C as Subsection F; and added Subsection G.

Notes of Decisions

Cited in 14 cases, 1958–2013 · leading case: State Ex Rel. Reynolds v. Mendenhall, 362 P.2d 998 (N.M. 1961).

Sort: Relevance Newest Treatment

State Ex Rel. Reynolds v. Mendenhall, 362 P.2d 998 (N.M. 1961). · cites it 4× “1931, (§§ 75-11-1 to 75-11-10, inch, N.M.S.A.1953) which was generally the same as the 1927 law, however with the defects therein which resulted in its being declared unconstitutional corrected.”

Bounds v. State, 2011 NMCA 11 (N.M. Ct. App. 2010). · cites it 2× “61, § 1; NMSA 1953, § 75-11-1 (Vol. 11, 1965 Pocket Supp.”

Mathers v. Texaco, Inc., 421 P.2d 771 (N.M. 1966). · cites it 2× “The particular statutory provisions pertinent to the question are as follows: Section 75-11-1, N.M.S.A.1953 provides in part: “The water of underground streams, channels,, artesian basins, reservoirs, or lakes, having reasonably ascertainable boundaries, are hereby declared to…”

City of Albuquerque v. Reynolds, 379 P.2d 73 (N.M. 1962). “The applications in question were filed pursuant to § 75-11-1, et seq., N.M.S.A.,. 1953 Comp.”

Brantley v. Carlsbad Irrigation Dist., 587 P.2d 427 (N.M. 1978). “This court held in that case: When an artificial or natural flow of surface water, through percolation, seepage or otherwise, reaches an underground reservoir and thereby loses its identity as surface water, such waters become public under the provisions of § 75-11-1, N.M. S.A.,…”

State Ex Rel. Reynolds v. Fanning, 361 P.2d 721 (N.M. 1961). · cites it 2× ““After the 1931 Underground Water Code went into effect, a change in well location in a declared Basin could be legally accomplished ‘only * * * upon showing that such change or changes will not impair existing rights and to be granted only after such advertisement and hearing…”

State ex rel. Reynolds v. Mitchell, 345 P.2d 744 (N.M. 1959). · cites it 2× “See Section 75-11-1 et seq., NMSA 1953 Compilation.”

State Ex Rel. Reynolds v. King, 321 P.2d 200 (N.M. 1958). “We find no law permitting the storing of private waters in established underground water basins. When waters, either artificial surface waters or natural surface waters, reach an established underground water basin by percolation, seepage or otherwise, they become public waters…”

Kelley v. Carlsbad Irrigation Dist., 415 P.2d 849 (N.M. 1966). “identity as surface water, such waters become public under the provisions of § 75-11-1, N.M.S.A., 1953 Comp., and are subject to appropriation in accordance with applicable statutes.”

McBee v. Reynolds, 399 P.2d 110 (N.M. 1965). “The court determined that a declaration by the state engineer on February 6, 1950 that certain water was within a basin having reasonably ascertainable boundaries did not affect the right of a landowner who had initiated work to put such water to beneficial use on or before May…”

Bounds v. State ex rel. D'Antonio, 2013 NMSC 037 (N.M. 2013). · cites it 2× “Similar to the present DWS, then codified at NMSA 1953, Section 75-11-1 (1953), the exemption read, in part, as follows: By reason of the varying amounts and time such water is used and the relatively small amounts of water consumed in the watering of livestock, in irrigation of…”

Reynolds v. Wiggins, 397 P.2d 469 (N.M. 1964). “Rather, the applicant recognizes that when privately-owned water reaches an established underground basin, it becomes public water as defined by § 75-11-1, N.M.S.A.1953, and subject to appropriation for beneficial use, State ex rel.”

Show all 14 citing cases →

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.