New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS
Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY
Section 19.25.12.3 - STATUTORY AUTHORITY

Universal Citation: 19 NM Admin Code 19.25.12.3
Current through Register Vol. 35, No. 6, March 26, 2024

Section 72-5-32 NMSA requires any person, association or corporation, public or private, the state or the United States that is intending to construct a jurisdictional dam to submit detailed plans to the state engineer. Sections 72-5-9 and 72-5-10 NMSA establish the state engineer's authority over the construction of works and issuing certificates of construction. Sections 72-5-8 and 72-5-14 NMSA require construction to be completed in a time limit set by the state engineer and procedures for requesting an extension of time. Sections 72-5-11, 72-5-12 and 72-5-13 NMSA gives the state engineer jurisdiction over unsafe works, penalties for failure to comply with state engineer orders and priority of liens. Section 72-2-6 NMSA gives the state engineer the authority to assess fees. Section 72-2-8 NMSA gives the state engineer authority to adopt regulations and codes to implement and enforce any provision of any law administered by him. Section 72-8-1 NMSA gives the state engineer the authority to enter upon private property for the performance of his duties. Nothing in these rules shall be construed so as to limit the state engineer's authority to take lawful alternative or additional actions relating to the design, construction and safety of dams.

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