Chapter 75 — Chapter 75

Chapter 75, Article 1 NMSA 1978 may be cited as the "Rural Infrastructure Act". History: 1953 Comp., § 75-41-1, enacted by Laws 1973, ch. 333, § 1; 1983, ch. 173, § 1; 1988, ch. 28, § 1.

As used in the Rural Infrastructure Act: A. "department" means the department of environment; B. "fund" means the rural infrastructure revolving loan fund; C. "local authority" means a mutual domestic association or water and sanitation district that supplies water, wastewater or…

The purpose of the Rural Infrastructure Act is to provide financial assistance to local authorities for the planning, design and construction or modification of water supply, wastewater and solid waste facilities. History: 1978 Comp., § 75-1-2.1, enacted by Laws 1983, ch. 173, § …

A. A special fund is created to be known as the "rural infrastructure revolving loan fund". Money appropriated to the fund or to the department to carry out the provisions of the Rural Infrastructure Act may be used to make loans and grants to local authorities, individually or j…

A. Grants and loans shall be made only to local authorities that: (1) agree to operate and maintain the water supply, wastewater or solid waste facilities so that the facilities will function properly over the structural and material design life, which shall not be less than twen…

Ten percent of the proceeds of each severance tax bond issuance or other appropriation for the purpose of carrying out the provisions of the Rural Infrastructure Act shall be reserved for emergencies and shall be allocated by the department only upon approval of the state board o…

percent loans. A. No more than twenty-five percent of the proceeds of each severance tax bond issuance or other appropriation for the purpose of carrying out the provisions of the Rural Infrastructure Act shall be reserved for average residential user cost reduction grants or zer…

This act [75-2-1 to 75-2-5 NMSA 1978] may be cited as the "Water Research, Conservation and Development Act". History: 1953 Comp., § 75-42-1, enacted by Laws 1975, ch. 265, § 1.

It is the purpose of the Water Research, Conservation and Development Act to provide means to seek solutions to water shortage, conservation and utilization problems through research, conservation or development projects for the benefit of the citizens of New Mexico. History: 195…

There is created a special fund to be known as the "water research, conservation and development fund". All money appropriated to this fund or accruing to it through gifts, grants or bequests shall not be transferred to another fund or encumbered or disbursed in any manner except…

duties. In addition to its other powers and duties, the interstate stream commission shall: A. meet upon the call of its chairman; B. review and approve or deny water research, conservation or development project proposals submitted to the commission by institutions of higher lea…

The interstate stream commission may accept for the purposes of the Water Research, Conservation and Development Act any federal matching funds or grants for water research, conservation or development projects and may accept similar donations and bequests from private sources fo…

This act [75-3-1 to 75-3-15 NMSA 1978] may be cited as the "Weather Control Act". History: 1953 Comp., § 75-37-1, enacted by Laws 1965, ch. 235, § 1.

The commission shall revoke any license if it shall appear that the licensee no longer possesses the qualifications necessary for the issuance of a new license, or is guilty of a violation of any of the provisions of the Weather Control Act. Such revocation shall occur only after…

Rulings by the commission on the issuance, refusal or revocation of a license are subject to review in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 75-37-11, enacted by Laws 1965, ch. 235, § 11; 1998, ch. 55, § 93; 1999, ch. …

Weather control or cloud modification operations may not be carried on in New Mexico for the purpose of affecting weather in any other state which prohibits such operations, or which prohibits operations in that state for the benefit of New Mexico or its inhabitants. History: 195…

Enforcement of the Weather Control Act is vested in the commission. All fees collected by the commission shall be used by the commission for the purposes of carrying out the provisions of the Weather Control Act. History: 1953 Comp., § 75-37-13, enacted by Laws 1965, ch. 235, § 1…

The commission may: A. make all rules and regulations necessary to carry out the provisions of the Weather Control Act; B. make any field investigations and inspections necessary to the enforcement of the Weather Control Act; C. make periodic reports on weather control and cloud …

Any person conducting weather control or cloud modification operations without first having procured a license, or who makes a false statement in the application for a license, or who fails to file any report or evaluation required by the Weather Control Act, or who conducts any …

As used in the Weather Control Act, "commission" means the interstate stream commission. History: 1953 Comp., § 75-37-2, enacted by Laws 1965, ch. 235, § 2; 2003, ch. 194, § 1.

It is declared that the state of New Mexico claims the right to all moisture in the atmosphere which would fall so as to become a part of the natural streams or percolated water of New Mexico, for use in accordance with its laws. History: 1953 Comp., § 75-37-3, enacted by Laws 19…

No person or corporation shall, without having first received a license from the commission, conduct any weather control or cloud modification operations or attempt to control precipitation. History: 1953 Comp., § 75-37-4, enacted by Laws 1965, ch. 235, § 4.

Any individual or corporation who proposes to operate weather control or cloud modification projects or who attempts to induce precipitation, shall, before engaging in any such operation, make application to the commission for a license to engage in the particular weather control…

At the time of applying for the license, the applicant shall pay to the commission a fee of one hundred dollars ($100), and shall file an application in the form prescribed by the commission which shall be accompanied by a statement showing: A. the name and address of the applica…

The commission may issue a license to any applicant who demonstrates sufficient financial responsibility necessary to meet obligations reasonably likely to be attached to or result from weather control or cloud modification activities and skill and experience reasonably necessary…

A license shall expire at the end of the calendar year in which it is issued and may be renewed upon payment of the annual license fee. History: 1953 Comp., § 75-37-8, enacted by Laws 1965, ch. 235, § 8.

Each licensee shall, within ninety days after conclusion of any weather control or cloud modification project, file with the commission a final evaluation of the project. Each three months, during the operation of any project which has not been completed, each licensee shall file…

The "office of state climatologist" is created within the New Mexico department of agriculture. The administrative and executive head of the office of state climatologist shall be known as the "state climatologist". The board of regents of New Mexico state university shall appoin…

The purpose of the office of state climatologist is to assist the state to understand and respond to natural and man-induced climate processes and their implications, to cooperate with the federal government in activities relating to climate studies and advisory services, to prom…

The duties of the state climatologist shall include: A. assessing the effect of climate on the natural environment, agricultural production, land and natural resources and human health; B. coordinating climate impact studies and programs to improve understanding of climate proces…

In carrying out the responsibilities enumerated in Section 3 [75-4-3 NMSA 1978] of this act, the state climatologist shall seek the assistance of the geophysical research center at the New Mexico institute of mining and technology, the remote sensing facility at the university of…

Sections 1 through 6 [75-5-1 to 75-5-6 NMSA 1978] of this act may be cited as the "Natural Lands Protection Act". History: Laws 1987, ch. 192, § 1.

The purpose of the Natural Lands Protection Act is the joint acquisition and protection of unique and ecologically significant lands in New Mexico by the state of New Mexico and New Mexico corporations. History: Laws 1987, ch. 192, § 2.

As used in the Natural Lands Protection Act: A. "committee" means the natural lands protection committee; B. "unique and ecologically significant lands" are lands which: (1) afford habitat for species listed as rare, threatened or endangered by the state or federal government; an…

A. The Natural Lands Protection Act shall be administered by the secretary of natural resources in consultation with a committee consisting of the secretary of natural resources, who shall serve as chairman of the committee, the director of the department of game and fish, the co…

A. The purposes of management shall be for education, research and preservation, provided that no use of the lands acquired under the Natural Lands Protection Act shall compromise or endanger the natural attributes for which they were acquired. B. The secretary of natural resourc…

No lands or rights of access will be acquired under the Natural Lands Protection Act through exercise of the state's power of eminent domain or any other condemnation process. History: Laws 1987, ch. 192, § 6. ARTICLE 6 Endangered Plants

protection; permits. A. As used in this section, "endangered plant species" means any plant species whose prospects of survival within the state are in jeopardy or are likely, within the foreseeable future, to become jeopardized. Regulations passed by the natural resources depart…

Chapter 75, Article 7 NMSA 1978 may be cited as the "Natural Resources Trustee Act". History: Laws 1993, ch. 292, § 1; 2007, ch. 249, § 1.

trustee. A. The "natural resources trustee" is created. The trustee is appointed by and serves at the pleasure of the governor pursuant to the provisions of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superf…

A. The natural resources trustee shall take all actions necessary to carry out the responsibilities of the natural resources trustee as provided in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and…

Awards for damage to natural resources in the state shall consist of those amounts calculated in accordance with federal law, including: A. the cost of restoration, replacement or acquisition of equivalent resources, plus compensation for the loss of use or enjoyment of the natur…

A. The "natural resources trustee fund" is created in the state treasury. Money appropriated to the fund or accruing to it through gifts, grants, fees, penalties, bequests or any other source shall be delivered to the state treasurer and deposited in the fund. Money recovered for…

A. Any funds expended for the purpose of restoring native riparian vegetation and wetland areas in the Pecos River valley are contingent upon: (1) the development of comprehensive plans to monitor all impacts of control activities and to restore native riparian vegetation through…

Sections 1 through 6 [75-9-1 to 75-9-6 NMSA 1978] of this act may be cited as the "Land Conservation Incentives Act". History: Laws 2003, ch. 331, § 1.

The purpose of the Land Conservation Incentives Act is to encourage private landowners to be stewards of lands that are important habitat areas or contain significant natural, open space and historic resources by providing private landowners with incentives that encourage the pro…

As used in the Land Conservation Incentives Act: A. "interest in real property" means a right in real property, including access, improvements, water rights, fee simple interest, easement and land use easement. The interest shall comply with the requirements of the Section 170(h)…

A. The Land Conservation Incentives Act shall be administered by the secretary of energy, minerals and natural resources in consultation with the committee established pursuant to the Natural Lands Protection Act [75-5-1 to 75-5-6 NMSA 1978]. B. The secretary of energy, minerals …

A. The tax credits provided by the Land Conservation Incentives Act apply to transfers of land or interests therein in taxable years beginning on or after January 1, 2004 and all taxable years thereafter. B. A taxpayer claiming a tax credit pursuant to the Land Conservation Incen…

No part or segment of the Land Conservation Incentives Act shall be interpreted to alter or amend permit requirements, reporting requirements, allocation procedures or other requirements as set forth in any other provision of state law. History: Laws 2003, ch. 331, § 6.