SENATE BILL 1090

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Carlos R. Cisneros

AN ACT

RELATING TO WATER; AMENDING A SECTION OF THE NMSA 1978 TO PROVIDE FOR THE STATE ENGINEER'S JURISDICTION OVER THE CONSTRUCTION AND OPERATION OF DAMS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 72-5-32 NMSA 1978 (being Laws 1941, Chapter 126, Section 25, as amended) is amended to read:

     "72-5-32. CONSTRUCTION AND OPERATION OF DAMS [EXCEEDING TEN FEET IN HEIGHT].--

          A. Any person, association or corporation, public or private, the state or the United States hereafter intending to construct and operate a dam shall meet the requirements of filing applications for appropriations and use of water pursuant to Section 72-5-1, 72-5-22, 72-5-23 or 72-5-24 NMSA 1978. Any person, association or corporation, public or private, the state or the United States intending to construct and operate a dam that exceeds ten feet in height from the lowest natural ground surface elevation to the crest of the dam or impounds more than ten acre-feet of water shall also submit on a form prescribed by the state engineer detailed plans to the state engineer for approval before construction. If the state engineer finds that the dam design and operation is safe, [he] the state engineer shall approve the plans [provided that this section shall not apply to erosion control structures whose maximum storage capacity does not exceed ten acre-feet and are constructed for the sole purpose of sediment control. An erosion control structure shall not impound surface water in any amount for fishing, fish propagation, recreation or aesthetic purposes, which shall require a permit pursuant to Section 72-5-1 NMSA 1978].

          B. Flood and erosion control dams shall not impound water for more than ninety-six hours, and water impounded shall not be placed to any beneficial use. If any person, association or corporation, public or private, or the state or the United States intends to construct and operate a flood or erosion control dam, that entity is exempt from meeting the requirements of filing applications for appropriation and use of water.

          C. Any person, association or corporation, public or private, the state or the United States that intends to construct and operate a flood or erosion control dam that:

                (1) impounds more than ten acre-feet of water shall submit on a form prescribed by the state engineer detailed plans to the state engineer for approval before construction, and if the state engineer finds that the dam design and operation is safe, the state engineer shall approve the plans; or

                (2) impounds ten acre-feet or less of water shall file a notice of intent to construct a flood or erosion control dam with the state engineer on a form prescribed by the state engineer and no further action shall be required.

          D. The state engineer shall have final authority over determination of height, storage and impoundment duration for all dams."

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