In addition to the powers and authority, either express or implied, granted to the state engineer by other statutes of the state of New Mexico, the state engineer is hereby given the authority and power in formulating rules and regulations, subject to the provisions of Section 5 [72-2-17 NMSA 1978], in connection with hearings, or other proceedings before him to provide for the appointment of one or more examiners to conduct hearings with respect to matters properly coming before the state engineer and to make reports and recommendations with respect thereto. The state engineer, subject to the provisions of Section 5, shall promulgate, print and make available in the state engineer's office rules and regulations with regard to hearings to be conducted before examiners and the powers and duties of the examiners in any particular case may be limited by order of the state engineer to particular issues or to the performance of particular actions. In the absence of any limiting order, an examiner appointed to hear any particular case shall have the power to regulate all proceedings before him and to perform acts and to take all measures necessary or proper for the efficient and orderly conduct of such hearing, including the swearing of witnesses, receiving of testimony and exhibits offered in evidence subject to such objections as may be imposed, and shall cause a complete record of the proceedings to be made and shall make his report and recommendations in connection therewith to the state engineer. The state engineer shall base his decision rendered in any matter heard by an examiner upon the record made by or under the supervision of the examiner in connection with such proceeding and the report and recommendation of the examiner; and his decision shall have the same force and effect as if said hearing had been conducted by the state engineer. Persons appointed by the state engineer as hearing examiners shall be knowledgeable in the water laws of this state, water engineering and administrative hearing procedures.
History: 1953 Comp., § 75-2-12, enacted by Laws 1965, ch. 285, § 1.
Cross references. — For State Rules Act, see Chapter 14, Article 4 NMSA 1978.
Only courts have power and authority to adjudicate water rights. State ex rel. Reynolds v. Lewis, 1973-NMSC-035, 84 N.M. 768, 508 P.2d 577.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 308 et seq.
81A C.J.S. States § 80.
Structure New Mexico Statutes
Section 72-2-1 - Appointment; removal; qualifications; duties; office; private practice prohibited.
Section 72-2-2 - Assistants; salary.
Section 72-2-3 - [Oath of office; bond.]
Section 72-2-4 - Payment of accounts.
Section 72-2-5 - Annual report.
Section 72-2-6 - Fees; amount; disposition.
Section 72-2-7 - [Records to be public; certified copies as evidence.]
Section 72-2-9 - [Supervising apportionment of waters.]
Section 72-2-9.1 - Priority administration; expedited water marketing and leasing; state engineer.
Section 72-2-9.2 - Office of the state engineer; devices to measure river water.
Section 72-2-10 - [Legal advisers; duties.]
Section 72-2-11 - [Board of water commissioners abolished; pending appeals.]
Section 72-2-12 - Hearing examiners.
Section 72-2-13 - Depositions, written interrogatories and administrative conferences.
Section 72-2-14 - Subpoena power.
Section 72-2-16 - Hearings required before appeal.
Section 72-2-17 - Hearing; notice; conduct; record.
Section 72-2-18 - State engineer; enforcement; compliance orders; penalty.
Section 72-2-19 - Advanced mapping fund; created.
Section 72-2-20 - Notice of applications; online posting; notice by publication; objections.