New Mexico § 72-2-6 - Fees; amount; disposition

§ 72-2-6. Fees; amount; disposition

The state engineer shall receive the following fees to be paid by him into the general

fund: A. for filing notice of intention to make formal application for permit to appropriate

surface water, twenty-five dollars ($25.00), which shall be paid at the time of filing

notice of intention; B. for filing a formal application for permit to appropriate water where the project

is chiefly for diversion and direct use of the water, twenty-five dollars ($25.00)

if the amount claimed does not exceed five cubic feet of water per second, and five

dollars ($5.00) for each cubic foot per second in excess of five; or, if the project

is chiefly for storage of excess and flood waters, ten dollars ($10.00) for each one

thousand acre-feet or fraction thereof of storage capacity; or, if the project is

for power purposes only, in which the water is returned to the river bed in substantially

undiminished quantity, twenty-five dollars ($25.00), if the amount claimed does not

exceed five cubic feet of water per second, and one dollar ($1.00) for each cubic

foot per second of time in excess of five; provided, however, that if application

for permit is preceded by a notice of intention, the fee accompanying the notice of

intention shall be applied on the subsequent fees. Fees included under this subsection, which shall be paid to the state engineer at

the time of filing formal application for permit, shall include the filing of maps,

plans, specifications, field notes, proof of publication and all other papers relating

to the application, up to the issuing of the permit to appropriate water, and shall

include the examination and study of all data therein with the exception of plans

and specifications, for the examination and study of which additional fees shall be

collected as prescribed in this section; C. for examining in connection with any water right application the plans and specifications

for a dam, two dollars ($2.00) for each one thousand dollars ($1,000) or fraction

thereof of the estimated cost of such dam; for examining the plans and specifications

for canal or other water conduit, twenty-five dollars ($25.00), where the capacity

does not exceed fifty cubic feet of water per second, and ten dollars ($10.00) for

each additional fifty cubic feet per second or fraction thereof. The fees shall be paid to the state engineer before he issues the permit to appropriate

water; provided that no fee shall be paid for examining plans and specifications

submitted by the United States or any agency or department of the United States; D. for issuing any certificate of construction or license to appropriate, twenty-five

dollars ($25.00); E. for issuing a permit for an extension of time, fifty dollars ($50.00); F. for issuing any miscellaneous water right instrument or copy of any water right

document filed in his office, one dollar ($1.00) for the first page thereof, and fifteen

cents ($.15) for each additional page thereof; G. for filing any other paper necessarily forming a part of the permanent record of

the water right application, permit or license, one dollar ($1.00); H. for a contact reproduction of any map or plan sheet accompanying an application

for permit to appropriate water, three dollars ($3.00) for each sheet; for a negative

of any map or plan sheet suitable to reproduce copies thereof, five dollars ($5.00)

for each sheet; I. for inspecting damsites, dams, irrigation systems or other construction work as

required by law, one hundred dollars ($100) per day and actual and necessary traveling

expenses. Fees for any inspection deemed necessary by the state engineer and not paid on demand

shall be a lien on any land or other property of the owner of the works and may be

recovered by the state engineer in any court of competent jurisdiction; and J. for such other work as may be required of his office, such reasonable fees as in

the judgment of the state engineer the character and extent of the work justifies.