New Mexico § 72-2-8 - Administrative regulations, codes, instructions, orders; presumption of correctness

§ 72-2-8. Administrative regulations, codes, instructions, orders; presumption of correctness

A. The state engineer may adopt regulations and codes to implement and enforce any

provision of any law administered by him and may issue orders necessary to implement

his decisions and to aid him in the accomplishment of his duties. In order to accomplish its purpose, this provision is to be liberally construed. B. Directives issued by the state engineer shall be in form substantially as follows: (1) regulations are written statements of the state engineer of general application

to the public, implementing statutes, prescribing procedures and interpreting and

exemplifying the statutes to which they relate; (2) codes are written standards and specifications governing design and construction

of dams; (3) orders are written statements of the state engineer to implement his decision; (4) special orders are written statements defining the declared boundaries of underground

streams, channels, artesian basins, reservoirs or lakes. C. To be effective, a regulation, code or special order issued by the state engineer

shall be reviewed by the attorney general or other legal counsel of the state engineer's

office prior to being filed as required by law and the fact of his review shall be

indicated thereon. D. To be effective, a regulation or code shall first be issued as a proposed regulation

or proposed code and filed for public inspection in the office of the state engineer

along with the findings of fact that in the opinion of the state engineer justify

the regulation or code. Distribution shall also be made to each district and field office for public inspection

and to each of the persons on the file of interested persons hereinafter mentioned. After the proposed regulation or code has been on file for one month, he shall publish

it, or if it is lengthy, a resume of it, in not less than five newspapers of general

circulation in the state, once a week for two consecutive weeks, with the statement

that there will be a hearing on the proposed regulation or code on a day set in the

publication, which shall be not more than thirty days nor less than twenty days after

the last publication. The hearing shall be held in Santa Fe, and any person who is or may be affected

by the proposed regulation or code may appear and testify. E. Special orders may be promulgated without prior notice and hearing, but the state

engineer shall, within ten days of promulgation of a special order, set a date for

a hearing on the special order, and publish notice of the public hearing in the same

manner required above. F. In addition to filing copies of regulations as required by law, the state engineer

shall maintain in his office duplicate official sets of current regulations, codes

and special orders, which sets shall be available for inspection by the public. G. The state engineer shall develop and maintain a file of names and addresses of

individuals, professional, agricultural and other groups having an interest in the

promulgation of new, revised or proposed regulations and shall at convenient times

distribute to these persons all such regulations, making such charges therefor as

will defray the expense incurred in their physical preparation and mailing. H. Any regulation, code or order issued by the state engineer is presumed to be in

proper implementation of the provisions of the water laws administered by him. I. The state engineer shall state the extent to which regulations, codes and orders

will have retroactive effect and, if no such statement is made, they will be applied

prospectively only.