If, in the opinion of the state engineer, there is no unappropriated water available, he shall reject such application. He shall decline to order the publication of notice of any application which does not comply with the requirements of the law and rules and regulations. He may also refuse to consider or approve any application or notice of intention to make application or to order the publication of notice of any application if, in his opinion, approval would be contrary to the conservation of water within the state or detrimental to the public welfare of the state.
§ 72-5-7 NMSA 1978
Application; rejection; noncompliance with rules; conservation and public welfare
Applied in 2 court decisions — leading case City of El Paso Ex Rel. Public Service Board v. Reynolds (1984)
Most recently applied in 171 F. Supp. 3d 1171 - New Mexico ex rel. State Engineer v. Aamodt (March 2016)
Laws 1907, ch. 49, § 28; Code 1915, § 5683; C.S. 1929, § 151-134; Laws 1941, ch. 126, § 10; 1941 Comp., § 77-506; 1953 Comp., § 75-5-6; Laws 1985, ch. 201, § 4.
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.