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§ 72-5-5 NMSA 1978

Objections to applications; filing of protests; definition of standing

Applied in 1 court decision — leading case 582 F. Supp. 2d 1313 - NEW MEXICO EX REL. STATE ENGINEER v. Aamodt (2007)

Most recently applied in 582 F. Supp. 2d 1313 - NEW MEXICO EX REL. STATE ENGINEER v. Aamodt (May 2007)

1953 Comp., § 75-5-4.1, enacted by Laws 1965, ch. 285, § 6; 1985, ch. 201, § 2; 2019, ch. 88, § 3.

A. If objection or protest to the application is timely filed, the state engineer shall advise interested parties, and a hearing shall be held as otherwise provided by statute.

B. Any person, firm or corporation or other entity objecting that the granting of the application will be detrimental to the objector's water right shall have standing to file objections or protests. Any person, firm or corporation or other entity objecting that the granting of the application will be contrary to the conservation of water within the state or detrimental to the public welfare of the state and showing that the objector will be substantially and specifically affected by the granting of the application shall have standing to file objections or protests. Provided, however, that the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions and all political subdivisions of the state and their agencies, instrumentalities and institutions shall have standing to file objections or protests.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.