2009 New Mexico Statutes
Chapter 72 - Water Law.
Article 6 - Water-Use Leasing
Section 72-6-6 - Application; notice; protest; hearing.

72-6-6. Application; notice; protest; hearing.

A.     Upon the filing of an application by a lessee, the state engineer shall cause a notice of the filing to be published once a week for three consecutive weeks in a newspaper of general circulation in the county in which the water right is situated.   

B.     Any owner who believes his water rights will be adversely affected by the granting of the application may file a protest. The protest shall be specific as to how the granting of the application will adversely affect his water rights. The protest shall be filed in writing with the state engineer and a copy sent to the applicant by certified mail within ten days after the last publication of notice of application.   

C.     If a protest is filed, the state engineer shall hold a hearing on the granting of the application, and the applicant and protestants shall be notified by the state engineer as to the date and place of the hearing.   

D.     If no objections are filed, the state engineer may grant the application without hearing. If no objections are filed and the state engineer denies the application, the state engineer shall hold a hearing if requested to do so by the applicant. The request shall be filed with the state engineer within ten days after the denial of the application.   

E.     If the state engineer grants the application but allows the applicant to use less water than the amount of water the owner would be allowed to use, the state engineer shall hold a hearing on the matter if requested to do so by the applicant. The request shall be filed with the state engineer within ten days after the granting of the application.   

F.     In a hearing before the state engineer, a full record and transcript of the proceeding shall be kept by him.   

G.     The provisions of this section do not apply to leases approved pursuant to Section 73-10-48 NMSA 1978.