The state engineer shall, by regulations, establish the fees to be paid by applicants and declarants, which fees shall not exceed the reasonable cost of the service to be performed by the state engineer, and the applicant shall pay to the publisher the cost of the necessary advertising.
History: Laws 1931, ch. 131, § 9; 1933, ch. 122, § 1; 1941 Comp., § 77-1109; 1953 Comp., § 75-11-9; Laws 1965, ch. 124, § 4; 1967, ch. 308, § 4.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
"Reasonable cost". — Reasonable cost of services to be performed by state engineer involves cost of printing forms, cost of preparing rules and regulations, stenographic work necessary for processing of applications and other instruments, engineering investigations necessary for processing of various applications and instruments and cost of administering rules and regulations formulated for purpose of carrying out provisions of underground water law. 1955 Op. Att'y Gen. No. 55-6090.
Expenditure of fees. — Fees for service rendered under this law cannot be used to pay costs of its administration, such as inspections, records and materials. 1931 Op. Att'y Gen. No. 31-236.
Reversion. — Creation by this section as it read prior to 1967 amendment of special fund plus requirement that fees be deposited therein and be employed for specific purpose, without limitation in point of time, would be negated by reversion into general fund. 1958 Op. Att'y Gen. No. 58-134.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 297.
Structure New Mexico Statutes
Article 12 - Underground Waters
Section 72-12-1.1 - Underground waters; domestic use; permit.
Section 72-12-1.2 - Underground public waters; livestock well permits.
Section 72-12-1.3 - Underground public waters; temporary uses.
Section 72-12-2 - [Right to use waters.]
Section 72-12-3 - Application for use of underground water; publication of notice; permit.
Section 72-12-3.1 - Certain ground water; finding; grant of permits; stay; exceptions.
Section 72-12-4 - [Existing water rights recognized.]
Section 72-12-5 - [Declaration of beneficial use; verification; recording.]
Section 72-12-6 - [Former declarations valid.]
Section 72-12-7 - Change of location of well; change in use on application; temporary change.
Section 72-12-8 - Water right forfeiture.
Section 72-12-9 - Fees and costs.
Section 72-12-10 - [Appeal to district court.]
Section 72-12-11 - [Violations declared misdemeanors; penalty.]
Section 72-12-12 - License required to drill water well from "underground source.".
Section 72-12-13 - Application; information required; fee; surety bond for drilling operation.
Section 72-12-14 - [Suspension or revocation of license; appeal; damage suits.]
Section 72-12-16 - [Violation of act or rules and regulations; penalty.]
Section 72-12-17 - [Repealing and saving clause; bond; maximum.]
Section 72-12-18 - Underground waters declared to be public.
Section 72-12-20 - When appropriation without permit allowed.
Section 72-12-22 - Replacement well within one hundred feet.
Section 72-12-23 - Replacement well over one hundred feet from original well.
Section 72-12-24 - Supplemental well.
Section 72-12-25 - Declaration of basin; nonpotable deep aquifers.