New Mexico Administrative Code

The operator shall maintain the following records during an operation and provide them to the commission pursuant to 19.17.2.23 NMAC of this rule: A. Daily log: Each operator must maintain a daily log of weather control activities for each unit of equipment and apparatus used dur…

At a minimum, the operator shall maintain and provide the following reports to the commission's staff: A. Tri-monthly report. Every ninety (90) days after the commencement of an operation, the operator shall submit a report to the commission that shall consist of: (1) a summary o…

All operational information for an operation shall be filed with the commission before such information is released to the public. Scientific and other information concerning an operation shall also be filed with the commission as it becomes available and before being released to…

When an operator conducts an operation in an area where the United States government or its agent is conducting weather control research, then said operator shall submit to monitoring by the United States government or its agent.

Except as provided in 19.17.2.8 NMAC and 19.17.2.9 NMAC of this rule, nothing in this rule shall present any person adversely affected by an operation or any research and development activity from recovery damages otherwise available under applicable law.

The commission shall have power to commence suit for the recovery of any fees due under the provisions of this rule. All fees collected under the provisions of this rule shall inure to the commission.

This rule shall be liberally construed to carry out its purpose.

Section 75-3-1 et seq., NMSA 1978, as amended by House Bill 78, 2003 Legislative Session.

Permanent.

January 15, 2005, unless a later date is cited at the end of a section.

The objective of this rule is to provide a consistent licensing and application process for weather control activities, establish additional rules and procedures that govern proceedings before the commission, and to insure the expeditious and orderly handling of all administrativ…

Unless defined below or in a specific section, all other words used in these regulations shall be given their customary and accepted meanings. A. "Applicant" means any individual, firm, partnership, association, company, corporation, business or public trust, federal agency, stat…

As provided by Sections 75-3-15, NMSA 1978, any person violating any of the provisions of the Weather Control Act or this rule shall be guilty of a misdemeanor and a continuing violation shall be punishable as a separate offense for each day during which a violation occurs.

Nothing in the Weather Control Act or this rule shall be construed to impose or accept any liability or responsibility on the part of New Mexico or any state officials, agents or employees for any weather control activities of any private person or group, or to affect in any way …

Commissioner of Public Lands - New Mexico State Land Office.

An applicant must review state land office records to determine which rights, if any, have been conveyed to or contracted for by third parties, which would limit or prohibit the commissioner's issuance of additional interests. As to lands under purchase contract, see 19.2.10.29 N…

Anyone desiring to apply for an easement or right of way covering trust lands shall, prior to entry for surveying activities, file with the commissioner a written notice of intent to conduct a survey of the proposed location of such easement or right of way. A. Such written notic…

A. Unless waived by the commissioner pursuant to 19.2.10.13 NMAC, each application for an easement or right of way shall include a survey plat, which describes the location (by quarter-section parts or lots, township, and range coordinates) of the proposed easement or right of wa…

Written application for any grant of an easement or right of way shall be made upon forms prescribed and furnished by the commissioner. Such application shall be made under oath, and contain the following: A. the application fee as set forth in the schedule of fees; B. the field …

Easements and rights of way granted under this part shall be granted for a term, which the commissioner, in the commissioner's discretion, deems in the best interests of the trust. Under no circumstances will the commissioner grant an easement or right of way for a perpetual term…

A. For telecommunications, electric line, and pipeline easements and rights-of-way, consideration for the grant of a right of way or easement shall be in an amount determined by the applicable price schedule unless the commissioner, in the commissioner's discretion, elects to est…

The commissioner shall determine the minimum dimensions of easements and rights of way, which determinations may be changed from time to time or waived in the commissioner's discretion.

The rights granted by the commissioner in any right of way or easement shall not include any right of access over, or right to use, trust lands not within the actual dimensions of the right of way or easement. If a right of way or easement is not large enough to permit vehicular …

A. The holder of an easement or right of way is required to compensate the state or its lessee, patentee, or purchase contract holder, for the reasonable value of any measurable damage done to improvements or other property, belonging to the person claiming such damages, lawfully…

Upon the request of an applicant, satisfactorily demonstrating an emergency situation, an application for an easement or right of way may be expedited as follows: A. If the applicant does not already have one, the application may be sent to the applicant by fax or in electronic f…

This part covers all easements and rights of way granted over, upon, through, or across, trust lands for pipelines, public highways, railroads, tramways, telegraph, fiber optic, telephone and power lines, irrigation works, mining, logging, and for other purposes, except easements…

The holder of an easement or right of way shall notify the commissioner immediately when any historic or prehistoric ruin or monument, or any object of historical, archeological, or scientific value is discovered upon or within the easement or right of way. Upon such discovery, t…

Upon the completion of construction of any easement or right of way, the holder of the easement or right of way shall, within 60 days after completion of construction, file with the commissioner an affidavit of completion. Failure to file such affidavit in accordance with this se…

Unless otherwise authorized in writing by the commissioner, an easement or right of way shall not be used for any other or additional purposes or by any other or additional parties except those expressly identified in the grant of easement or right of way. Unless expressly stated…

Any holder of an existing easement or right of way desiring to change the use, or widen or otherwise alter the easement or right of way shall make application to do so by following the same procedure as is used in making an application for a new easement or right of way. Dependin…

An easement or right of way may be assigned to third parties or relinquished to the state with the prior written approval of the commissioner and upon such terms and conditions as the commissioner may prescribe, and payment of the fee as set forth in the schedule of fees. The com…

Prior to the expiration date of any easement or right of way heretofore or hereafter granted for a limited term of years, an application may be submitted for a renewal of the grant. If the renewal involves no change in the location or status of the original easement or right of w…

Any easement or right of way granted by the commissioner on trust land may be terminated in whole or in part for failure to comply with any term or condition of the grant or any applicable laws or regulations. Upon determination by the commissioner that an easement or right of wa…

Abandonment of all or part of an easement or right of way by a grantee shall consist of the non-use of all or part of a granted easement or right of way for the purposes authorized in the granting instrument for a period of one year. Upon discovering evidence of abandonment, the …

Any person who enters upon trust lands for purposes of surveying or constructing an easement or right of way shall take all steps necessary to preserve and protect the natural environmental conditions of the land, including reclamation of disturbed areas by leveling or terracing …

A. The commissioner may, on the basis of the state's legal title and subject to the terms and conditions of the applicable purchase contract, approve and record easements and rights of way over, upon, through or across purchase contract lands on the following terms and conditions…

N. M. Const., Art. XIII; NMSA 1978 Sections 19-1-1 and 19-7-57. The authority to promulgate this part is found in Section 19-1-2 NMSA 1978.

Any party aggrieved by a decision related to the payment of amounts due for any easement or right of way granted or applied for under this part, may request an informal reconsideration of such decision by written request made to the commissioner. Such request shall describe the d…

Permanent, unless otherwise provided in a specific section of this part.

June 30, 2004, unless a later date is cited at the end of a section.

The objective of this part is to provide for the orderly and lawful administration and the appropriate granting of easements and rights of way on trust lands.

A. "Appraisal" means an appraisal as defined in Section 61-30-3 A NMSA 1978. B. "Commissioner" means the New Mexico commissioner of public lands, and the commissioner's appointees under Section 19-1-7 NMSA 1978, acting within the scope of their authority. The commissioner may del…

Easements or rights of way on trust lands may be acquired only by application and grant made in compliance with this part and applicable laws. No easement, right of way, or other interest in trust lands may be acquired by prescription, or pursuant to any other legal doctrine, exc…

A. Any use of trust lands for right of way or easement purposes prior to the grant of a right of way or easement as provided by this Part 10 shall constitute an unauthorized use of such lands and will be deemed a trespass. The use of trust lands for easement or right of way purpo…

Commissioner of Public Lands, New Mexico State Land Office, P.O. Box 1148, Santa Fe, New Mexico 87504-1148.

All state lands presently open for oil and gas lease purposes, or lands which may become open in the future due to the cancellation or expiration of leases, or for any other reason, may be leased only by competitive bid after public notice in accordance with 19.2.100.25 NMAC here…

A. All lands within a restricted district are classified as restricted lands and no tract of such lands shall be leased without being further categorized by the commissioner as either regular or premium based upon five factors: oil and gas trends; oil and gas traps; reservoir vol…