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2023 Op. N.M. Att'y Gen. 1 (2023)

handle is hein.sag/sagnm0106 and id is 1 raw text is: 

                            STATE OF NEW MEXICO
                         OFFICE  OF THE ATTORNEY GENERAL







                                  RAUL TORREZ
                             ATTORNEY GENERAL

                                    January 30, 2023

    OPINION
      OF                                                           Opinion No. 23-01
 RA0L  TORREZ
Attorney General

By:    Joseph M. Dworak
       Deputy Attorney General

To:    Honorable Miguel P. Garcia
       State Representative
       New Mexico State Capitol 205B
       miguel.garcia@nmlegis.gov

In Re: Opinion Request- Preliminary Approvals Under the Water Use Leasing Act

Questions:

    1. Is the State Engineer's practice of preliminary approval or preliminary
       authorization of proposed leases of water rights lawful under state law?

   2.  Is the State Engineer's practice of preliminary approval or preliminary
       authorization of proposed leases of water rights permitted under State Engineer
       regulations, and, if so, are such regulations lawful?

Conclusions:

    1. No. There is no explicit or clearly implicit authority for the State Engineer to issue a
       preliminary approval or authorization of an application to lease water under New
       Mexico's Water-Use Leasing Act or related statutes.

   2.  No. There is no authority or process to issue a preliminary approval or preliminary
       authorization of an application to lease water under the State Engineer's regulations.







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