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.
History: 1953 Comp., § 75-5-4.1, enacted by Laws 1965, ch. 285, § 6; 1985, ch. 201, § 2; 2019, ch. 88, § 3.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
The 2019 amendment, effective July 1, 2019, removed certain notice provisions; in the section heading, deleted "publication of notice"; and in Subsection A, deleted "Whenever an application is filed which requires advertisement by virtue of the provisions of Chapter 72, Article 5 NMSA 1978, the advertisement shall state that objections or protests to the granting of the application may be filed with the state engineer within ten days after the last publication of the notice".
The 1985 amendment added "definition of standing" in the section heading, designated the formerly undesignated paragraph as Subsection A, substituted "Chapter 72, Article 5 NMSA 1978" for "Article 5, Chapter 75, New Mexico Statutes Annotated, 1953 Compilation, as amended" near the beginning, "the application" for "said application" and "the notice" for "said notice" near the end of the first sentence of subsection A, deleted "thereof" following "interested parties" near the middle of the second sentence of Subsection A, and added Subsection B.
Law reviews. — For note, "Appropriation By the State of Minimum Flows in New Mexico Streams," see 15 Nat. Resources J. 809 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 302.
93 C.J.S. Waters § 180.
Structure New Mexico Statutes
Article 5 - Appropriation and Use of Surface Water
Section 72-5-1 - Application for permit; rules; surveys, etc.
Section 72-5-2 - Existing community ditches.
Section 72-5-3 - Application; amendment; refiling.
Section 72-5-4 - Notice; publication.
Section 72-5-5 - Objections to applications; filing of protests; definition of standing.
Section 72-5-6 - Hearing; approval; permit.
Section 72-5-7 - Application; rejection; noncompliance with rules; conservation and public welfare.
Section 72-5-8 - Construction of works; additional time.
Section 72-5-9 - Supervision; inspection; completion of works; alterations.
Section 72-5-10 - [State engineer's certificate of construction.]
Section 72-5-11 - Inspection and correction of unsafe works.
Section 72-5-12 - Failure to comply with state engineer order; penalty.
Section 72-5-13 - [Issuance of license to appropriate water.]
Section 72-5-14 - Time for construction; extension.
Section 72-5-15 - [Common use; enlargement and maintenance of works; lien for costs.]
Section 72-5-16 - [Priority of liens.]
Section 72-5-17 - Excess waters; sale.
Section 72-5-18 - Water allowance.
Section 72-5-19 - [Standards for measuring flow and volume of water.]
Section 72-5-20 - Headgates and measuring devices.
Section 72-5-21 - [Recording of permits, decrees and documents; certified copies.]
Section 72-5-22 - [Transfer of water rights.]
Section 72-5-23 - Water appurtenant to land; change of place of use.
Section 72-5-24 - Change of purpose; change of point of diversion.
Section 72-5-25 - Emergency; change of point of diversion; procedure.
Section 72-5-26 - [Diversion from watershed or into another stream.]
Section 72-5-27 - Artificial water; no right of continuance of supply.
Section 72-5-28 - Failure to use water; forfeiture.
Section 72-5-29 - [Rights of residents of upper valleys of stream systems.]
Section 72-5-30 - [Effect of return flow above diversion or storage works of other appropriators.]
Section 72-5-31 - [Appeal; prior rights not impaired.]
Section 72-5-32 - Construction and operation of dams; state engineer authority.
Section 72-5-33 - Federal reclamation projects; appropriation for.
Section 72-5-35 - State transportation commission; advance water withdrawal.
Section 72-5-39 - Illegal application of water; injunction or other relief.