New Mexico Administrative Code

Permanent

August 31, 1995, unless a later date is cited at the end of a section.

To establish rules to implement Section 75-6-1 NMSA 1978 including establishing a list of endangered plant species.

A. "Agricultural practice" means grazing and grazing management practices such as feeding, herding or gathering; ditch clearing or burning; planting; applying herbicides to cultivated fields; harvesting; mowing of hay fields or pastures; burning pastures or fields or cultivating,…

The following are the criteria for listing a plant as a state endangered plant: A. the taxon is listed as threatened or endangered under the provisions of the Federal Endangered Species Act (16 U.S.C. Sections 1531 et seq.), or is considered proposed under the tenets of the Act; …

The following list of plants constitutes the New Mexico state endangered plant species list. Listed are the plant's scientific name, its common name and the criterion for inclusion by the subsection in 19.21.2.8 NMAC: Agalinis calycina (Leoncita false-foxglove) Subsection B of 19…

New Mexico Water Trust Board.

The authority staff will complete an initial evaluation of the financial application and water project proposal upon receipt. Such evaluation will include, to the extent applicable, an evaluation of water project feasibility, administrative capacity, financial position, debt mana…

A. The board may authorize the authority to provide financial assistance from the water project fund to qualifying entities only for qualifying water projects as provided by Section 72-4A-6 and Section 72-4A-7, NMSA 1978. B. Financial assistance shall be made only to qualify enti…

The authority may provide financial assistance packages that include loans, grants and any other type of assistance authorized by the authority. The structure, terms and conditions of the financial assistance will be determined by the authority . Financial assistance for qualifyi…

Based on the priority and evaluation factors set forth in Sections 19.25.10.8, 19.25.10.10, and 19.25.10.11, the board may recommend to the authority approval of the qualifying water project for financial assistance.

Any applicant or qualifying entity may request reconsideration of a decision of the board by notifying the board in writing within 15 days following the meeting at which the decision was made. Notice of a decision made in an open meeting of the board is deemed to be given on the …

A. The authority and the qualified entity will enter into an agreement to establish the terms and conditions of financial assistance from the water project fund. The agreement will include the terms of repayment and remedies available to the authority in the event of a default. T…

A. The board may impose and collect reasonable fees and costs in connection with the filing of a water project proposal or a financial application for approval of a water project and for financial assistance with the board and the authority. The board also may impose and collect …

A. The water trust fund shall be administered by the state treasurer's office and shall be invested by the state investment officer in the same manner as land grant permanent funds are invested under state law. All investment earnings on the water trust fund shall be credited to …

A. The water project fund shall be administered by the authority as a separate account but may consist of such subaccounts as the authority deems necessary to carry out the purposes of the fund. B. Money in the water project fund may be used by the authority to (1) make loans or …

A. The authority may issue and sell revenue bonds as required to provide funds to: (1) replenish the principal balance of the water project fund; (2) pay, fund or refund the principal of or interest or redemption premiums, if any, on bonds issued by the authority whether the bond…

All persons applying for financial assistance under the water project fund from the New Mexico finance authority, NMSA 1978, 72-4A-5 and NMSA 1978, 72-4A-9.

This rule may be amended or repealed at any time by a majority vote of a quorum of the board.

NMSA 1978, 72-4A-5 and NMSA 1978, 72-4A-9.

Permanent.

July 31, 2008, unless a later date is cited at the end of a section.

A. Section 72-4A-5, NMSA 1978 provides that the New Mexico water trust board is required to adopt rules governing terms and conditions of grants and loans recommended by the board for appropriation by the state legislature from the water project fund giving priority to projects t…

A. "Act" means the Water Project Finance Act, Sections 72-4A-1 through 72-4A-10, NMSA 1978, as the same may be amended and supplemented. B. "Agreement" means the document or documents signed by the board and a qualifying entity which specify the terms and conditions of obtaining …

The board will develop and consider a variety of factors in reviewing and evaluating water project proposals to determine which water projects to recommend as qualifying water projects for appropriation by the state legislature. The board shall give priority to projects that have…

A. The authority will administer an outreach program to notify qualifying entities that water project proposals are being accepted to identify water projects for review by the project review committee and the board for recommendation for funding to the state legislature as qualif…

New Mexico Office of the State Engineer

The hazard potential classification is a rating for a dam based on the potential consequences of failure. The rating is based on loss of life, damage to property and environmental damage that is likely to occur in the event of dam failure. No allowances for evacuation or other em…

Any person, association or corporation, public or private, the state, or the United States that is intending to construct a dam shall submit an application to construct and operate a dam and supporting documentation acceptable to the state engineer. This section primarily address…

Signed certifications by the dam owner, engineer, surveyor, local and state emergency management officials and the state engineer are required by these regulations on specific documents. Approved model certifications for the dam owner, engineer, surveyor, local and state emergenc…

After reviewing the required documentation, the state engineer will notify the dam owner if any deficiencies are found with the submittal to construct and operate a dam. The dam owner will be given an opportunity to correct any deficiencies noted in the review process. Once all d…

Upon completion of the construction conditions a proof of completion of works for the dam shall be filed on a form provided by the state engineer with appropriate fees in accordance with Subsection F of 19.25.12.8 NMAC. The proof of completion of works for the dam shall be filed …

Upon receipt of the proof of completion of works form, the state engineer will determine if all construction conditions of the permit were met. Upon a determination by the state engineer that all construction conditions have been complied with, the state engineer shall issue a ce…

Upon issuance of a certificate of construction the state engineer shall issue a license to operate a dam. The license to operate a dam shall address operation conditions and dams shall be operated in accordance with the operation conditions. In addition, dams classified as high a…

Owners of dams classified as high or significant hazard potential shall prepare, maintain and adhere to an operation and maintenance manual that addresses the continued safe operation, maintenance and performance of the dam. Because each site, design and operating practice is uni…

Owners of dams classified as high or significant hazard potential shall prepare, maintain and exercise an emergency action plan for immediate action in the event of a potential dam failure. Because each site and operating practice is unique, waivers of specific requirements in th…

A dam owner proposing to reconstruct, enlarge, modify, restore reservoir capacity, repair, remove or breach an existing dam must make application to and receive approval from the state engineer prior to undertaking any such action. The current condition of the dam, the type of re…

These regulations apply to the design and construction of all jurisdictional dams in New Mexico and are intended to facilitate the continued safe operation and maintenance of all non-federal jurisdictional dams. These regulations govern the review and acceptance of plans for cons…

A dam owner proposing to reconstruct, enlarge, or modify a non-jurisdictional dam, resulting in a jurisdictional dam after construction is completed, shall comply with 19.25.12.11 NMAC before construction begins. If the ownership of a non-jurisdictional dam changes, resulting in …

The state engineer may inspect existing dams to verify dams are operated and maintained in a safe manner. Access to the dam site shall be made available to the state engineer upon request. If a critical dam safety problem is observed by the state engineer or reported to the state…

If any portion of this part is found to be invalid, the remaining portion of this part shall remain in force and not be affected.

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 enginee…

Permanent.

March 31, 2005 unless a later date is cited at the end of a section.

To establish minimum design requirements, minimum submittal requirements and dam site owner responsibilities that shall be addressed to the state engineer's satisfaction in order to ensure a dam is designed, constructed, operated, maintained and secured in a safe manner.

Unless defined below or in a specific section of these regulations, all other words used herein shall be given their customary and accepted meaning. A. Terms starting with the letter 'A' are defined as follows: (1) Abutment: That part of the valley side against which the dam is c…

The state engineer assesses fees for filing forms, reviewing plans and specifications for dams and appurtenant structures and construction inspections. A. For filing an application for permit to construct and operate a dam the fees shall be $25. B. For filing an application to al…