New Mexico § 72-2-8 - Administrative regulations, codes, instructions, orders; presumption of correctness
Full text of New Mexico New Mexico Statutes Annotated § 72-2-8 — Administrative regulations, codes, instructions, orders; presumption of correctness, with citation guidance and answers to common questions.
§ 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.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 72-2-8
What does New Mexico Statutes Annotated § 72-2-8 cover?
Section 72-2-8 ("Administrative regulations, codes, instructions, orders; presumption of correctness") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 72-2-8?
A common citation format is "New Mexico Statutes Annotated § 72-2-8" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 72-2-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.