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83 result(s)
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1.
Tri-State Generation & Transmission Ass'n, Inc. v. D'Antonio - 2012-NMSC-039 - 11/01/2012
Supreme Court of New Mexico - Reported OpinionsThe fact that the Compilation Commission assigned the statutory number of 72-2-9.1 to Chapter 63, Section 1 of New Mexico Laws of 2003 provides no basis for an inference that the Legislature intended the new legislation to be limited by the subject matter or contents of 72-2-9 as our lower courts concluded. [...] With only a general instruction from the Legislature to place the legislation as a “new section” in Chapter 72, our state’s statutory code dealing with water law, the Compilation Commission independently placed the statute immediately after Section 72-2-9 and independently assigned its compilation number as 72-2-9.1. [...] Like Section 72-2-9.1, Section 72-2-9.2 was enacted in 2003 with only a general codification instruction that it become a “new section of Chapter 72.” See 2003 N.M. Laws, ch. 209, § 1.
cited by 49 documents -
2.
State ex rel. State Engineer v. Romero - 2020-NMCA-001 - 08/13/2019
Court of Appeals of New Mexico - Reported Opinions{21} Section 72-12-8(A), addressing the forfeiture of underground water rights, provides: [...] The Irrigation Code is concerned with surface water rights, rather than underground water rights. [...] [2]Idaho Code Section 42-222(2) (2004) provides in relevant part: “All rights to the use of water acquired under this chapter or otherwise shall be lost and forfeited by a failure for the term of five (5) years to apply it to the beneficial use for which it was appropriated and when any right to the use of water shall be
cited by 10 documents -
3.
Santa Fe Water Res. Alliance v. D’Antonio - 2016-NMCA-035 - 12/09/2015
Court of Appeals of New Mexico - Reported Opinions{22} Whatever tension our reading of Section 72-7-1(D) has with other provisions of the water code stems not from our understanding of the plain meaning of Section 72-7-1(D), but from the tension between the multiple, at times conflicting, responsibilities the water code imposes on the Engineer. [...] Since Section 72-7-1(D) relates to the Engineer’s exercise of this duty, as opposed to his other duty as an adjudicator of claims, we do not think our interpretation of Section 72-7-1(D) puts it in tension with provisions of the water code relating to the Engineer’s adjudication of applications concerning water rights. [...] {26} The purpose of the water code’s appeals process also supports our interpretation of Section 72-7-1(D).
cited by 20 documents -
4.
Asplund v. Santa Fe - 1926-NMSC-002 - 31 N.M. 291 - 02/11/1926
Supreme Court of New Mexico - Reported Opinions{12} By subsection 90 of section 3564, Code 1915 (section 6 of chapter 46, Laws 1893), it is provided: [...] It may be that subsections 69 and 71 of that act (subsection 70, Code of 1915, and subsection 72, C. L. 1897) are sufficient to constitute such grant. [...] Chapter 1 of 1880 was a comprehensive Municipal Code, by section 35, subsec. 23, of which it was provided:
cited by 77 documents -
5.
Lion’s Gate Water v. D’Antonio - 2009-NMSC-057 - 147 N.M. 523 - 12/02/2009
Supreme Court of New Mexico - Reported OpinionsApplications for permits to appropriate water and appeals to district court are governed by Chapter 72 of the New Mexico statutes. [...] We do not find that such usurpation of the State Engineer’s authority and jurisdiction under the water code was the intent of Article XVI, Section 5, Section 72-7-1, or our precedent. [...] We do not find that this is the Legislature’s intent, nor is it what the water code provides.
cited by 59 documents -
6.
Seward v. Bowers - 1933-NMSC-056 - 37 N.M. 385 - 06/30/1933
Supreme Court of New Mexico - Reported OpinionsClearly chapter 47, Laws 1919, must give way to chapter 57, Laws 1933. [...] St. c. 90, art. 26, in the conduct of municipal water works systems, except where they issue bonds under chapter 57, in which event, article 26, supra, must give way to the 1933 Act." [...] {83} In my opinion, it was not intended by chapter 57, Laws 1933, to disturb the operation of chapter 47, Laws 1919.
cited by 137 documents -
7.
Raton v. Raton Ice Co. - 1920-NMSC-060 - 26 N.M. 300 - 07/01/1920
Supreme Court of New Mexico - Reported Opinions* * *" {6} This last section, namely, 15, chapter 97, of the Laws of 1905, is carried forward into the Code of 1915 as section 2112, which section is a part of the chapter entitled "Eminent Domain." [...] The law of 1884 heretofore referred to, namely, chapter 39, Laws 1884, is carried forward into the Code of 1915, and is a part of section 3564, being a chapter relating to municipal corporations. [...] The other provisions last mentioned are subsections 68, 69, and 73 of section 3564, Code 1915, being subdivisions 68, 69, and 72 of section 14, c. 39, of the Laws of 1884, where the power is given to cities to (68) erect water works or authorize others to erect them; (69) to construct or authorize the construction of
cited by 79 documents -
8.
Stennis v. City of Santa Fe - 2008-NMSC-008 - 143 N.M. 320 - 01/22/2008
Supreme Court of New Mexico - Reported OpinionsIn 1999, pursuant to its home rule authority, the City Council passed Ordinance No. 1999-3, Section 1, entitled "Regulation of New Domestic Wells," codified at Santa Fe, N.M., Code chapter XXV, section 1.10 (1999) [hereinafter "1999 Ordinance"]. [...] Compare Santa Fe, N.M., Ordinance No. 2004-7, § 1, codified at Santa Fe, N.M., Code ch. [...] 3In 2003, Section 72-12-1 was amended. What was formerly contained in Section 72-12-1(A) (2001) was recodified as Section 72-12-1.1.
cited by 39 documents -
9.
Bounds v. State - 2011-NMCA-011 - 149 N.M. 484 - 10/29/2010
Court of Appeals of New Mexico - Reported Opinions{14} The New Mexico Constitution, New Mexico’s Water Code, the State Engineer’s rules and regulations and orders, and our appellate courts’ decisions, provide important background and guidance on issues of appropriation of water and priority of water rights. [...] Our Legislature has enacted a comprehensive Water Code governing the appropriation of water. [...] {16} The following provisions in the Water Code provide guidance on the issues before us.
cited by 36 documents -
10.
Pueblo of Isleta v. Tondre - 1913-NMSC-067 - 18 N.M. 388 - 09/01/1913
Supreme Court of New Mexico - Reported Opinions2. Said chapter authorizes the enlarging of an old community acequia by condemnation proceedings. [...] Wheeling, etc., R. R. Co. v. Toledo, etc., R. R. Co., 72 Ohio St. 368, 74 N. E. 209, 106 Am. St. 622. [...] {44} Section 57 provides for the adoption of rules and regulations by water users, and clearly applies to old as well as new works, and likewise, I think, sections 63, 71 and 72 clearly were intended to apply to all water users.
cited by 126 documents -
11.
Dreyfus v. Socorro - 1920-NMSC-035 - 26 N.M. 127 - 04/18/1920
Supreme Court of New Mexico - Reported OpinionsChapter 47, Laws 1919, in no way attempts to confer any legislative powers on the district court. [...] The Code of Civil Procedure of the state of New York, as stated, materially increased the power of courts of equity in that state to appoint receivers, and the same is generally true of the Codes of the other states. [...] This is especially true of those states which have adopted Codes similar to that of New York."
cited by 41 documents -
12.
In re Smith - 1918-NMSC-129 - 25 N.M. 48 - 12/04/1918
Supreme Court of New Mexico - Reported OpinionsThe investigation by the district court of Santa Fe county was instituted and conducted under the provisions of chapter 70, Code 1915. [...] Lang v. State, 76 N.J.L. 829, 72 A. 1118. {10} In a later case, In re Herron, 77 N.J.L. 315, 72 A. 133, the Supreme Court of New Jersey held that the insanity of a person who is in confinement awaiting execution under a capital sentence could not be tested by a proceeding taken under section 13 of the act of July 5, 1906 [...] Neither witness had talked to Smith on the subject of water wheels or water power.
cited by 12 documents -
13.
Diamond Trailer Sales Co. v. Munoz - 1963-NMSC-104 - 72 N.M. 190 - 05/27/1963
Supreme Court of New Mexico - Reported OpinionsDiamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 7209, 72 N.M. 190, 382 P.2d 185 [...] DIAMOND TRAILER SALES CO. V. MUNOZ, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185 (S. Ct. 1963) [...] Appellee, however, points to a provision of Chapter 96, Laws of 1961, the Uniform Commercial Code, which is said to provide priorities of such liens.
cited by 75 documents -
14.
Davy v. McNeill - 1925-NMSC-040 - 31 N.M. 7 - 10/09/1925
Supreme Court of New Mexico - Reported OpinionsThe original act on this subject was chapter 39, Laws 1884, which, with certain additions not material to this opinion, is found as chapter 75, Code 1915. [...] {35} By chapter 22 of the Code of 1915, entitled "Community Land Grants," the various public land grants made by Spain or Mexico to certain communities and towns in New Mexico were organized into municipal corporations. [...] Turlock Irr. District v. White, 186 Cal. 183, 198 P. 1060, 17 A. L. R. 72.
cited by 162 documents -
15.
Pecos Valley Artesian Conservancy Dist. v. Peters - 1945-NMSC-029 - 50 N.M. 165 - 08/28/1945
Supreme Court of New Mexico - Reported OpinionsIn Bliss on Code Pleading, 3rd Ed., 126, 79, the author writes concerning this code provision, as follows: [...] {72} The motion for rehearing is not well taken and should be denied. [...] {88} Chapter 81 of the Laws of 1912 is very similar to the act of 1909.
cited by 121 documents -
16.
Santa Fe Pac.R.R. v. Prop. Tax Dep't - 1976-NMCA-071 - 89 N.M. 446 - 07/27/1976
Court of Appeals of New Mexico - Reported OpinionsStatutory references are to Articles 28, 29 and 31 of Chapter 72, N.M.S.A. 1953 (Repl. [...] That section "... establishes the requirements and procedures for the adoption... of those regulations... authorized... under the provisions of article 29 of chapter 72...." [...] Section 72-28-4, supra, provides the authority. Paragraph A of that section states that the director's duty is to administer and enforce the Property Tax Code.
cited by 39 documents -
17.
City of Albuquerque v. Water Supply Co. - 1918-NMSC-088 - 24 N.M. 368 - 07/10/1918
Supreme Court of New Mexico - Reported OpinionsDid city have power to purchase property of Water Supply Company? pp. 1665, 1666, Code 1915; Sec. 3564, clause 6, Code 1915; Sec. 3564, clauses 67, 68, 69, 70, 71, 73, 74, Code 1915; Secs. 3716 to 3722, Code 1915; 3 Dioon Mun. Corps., 5th Ed., Sec. 1296. [...] {23} Chapter 74 of the Laws of 1915, approved the same date as chapter 54, reads as follows: [...] In fact, it is apparent that chapter 74 was dealing with governmental expenditures.
cited by 92 documents -
18.
Carangelo v. Albuquerque-Bernalillo Cnty. Water Util. Auth. - 2014-NMCA-032 - 11/26/2013
Court of Appeals of New Mexico - Reported OpinionsIt has possessed the power to permit surface water rights and uses since at least the 1907 Water Code. 1907 N.M. Laws, ch. 49, § 4. [...] Section 72-2-1 confers general jurisdiction on the OSE. “[The OSE] has general supervision of waters of the state and of the measurement, appropriation, distribution thereof and such other duties as required.” Id. Article 5, Chapter 72 of the Water Code specifically regulates issues concerning the appropriation, diversion, [...] While this might be done without unnecessarily narrowing or limiting an application by requiring specific reference to any particular statutory pronouncement in the Water Code, the notice requirements of Section 72-5-4 must be observed.
cited by 28 documents -
19.
Asplund v. Hannett - 1926-NMSC-040 - 31 N.M. 641 - 08/16/1926
Supreme Court of New Mexico - Reported Opinions2. Code 1915, § 4079, does not authorize causes of action or enlarge jurisdiction. [...] {4} By chapter 66, Laws of 1925, it was provided that if an agreement could not be reached with Colorado under chapter 112, Laws of 1923, "the Governor of New Mexico is hereby authorized to take such steps, make such investigations and institute or cause to be instituted in the name of the state such legal proceedings as in [...] The same may be said of Mott v. Pa. R. R. Co., 30 Pa. 9, 72 Am. Dec. 664.
cited by 122 documents -
20.
City of Sunland Park v. Santa Teresa Services Co. - 2003-NMCA-106 - 134 N.M. 243 - 06/02/2003
Court of Appeals of New Mexico - Reported OpinionsPhyllis' bankruptcy case was converted to a Chapter 7 proceeding prior to the trial on the merits. [...] {72} The Landowners emphasize as part of their injury the loss of the PRC as the regulatory body overseeing the Utility. [...] By this time Phyllis' bankruptcy had been converted to a Chapter 7 proceeding.
cited by 61 documents -
21.
Miller v. Hagerman Irrigation Co. - 1915-NMSC-069 - 20 N.M. 604 - 08/30/1915
Supreme Court of New Mexico - Reported OpinionsCode 1915, interpreted, and held to authorize, by its terms, the delivery of water, wheresoever derived, into a senior ditch and diversion thereof, less loss by seepage and evaporation, at any point above or below the point of delivery into the senior ditch, to satisfy an appropriation by the person so delivering said water [...] Wiel on Water Rights, vol. 2, sec. 1261; Lindsey Irrigation Co. v. Mehetens, 32 Pac. 802; Hildrath v. Montesto Water Co., 72 Fed. 395; Town of West Hartford v. Board of Water Commissioners, 68 Conn. 323, 36 Atl. 786 (1896); Pocatello Water Co. v. Standley, 7 Idaho, 155, 61 Pac. 518 (1900); Rogers Park Water Co. v. [...] {6} Counsel for plaintiff, however, rely also upon the provisions of section 60 of chapter 49, Laws of 1907 (section 5718, Code 1915), in support of the decree.
cited by 74 documents -
22.
El Paso & R. I. R. Co. v. District Court of Fifth Judicial Dist. - 1931-NMSC-055 - 36 N.M. 94 - 11/30/1931
Supreme Court of New Mexico - Reported Opinions(L. '07, Ch. 49, § 19; Code '15, § 5671.)" "151-120. Water Rights -- Suit to Adjudicate. [...] Medano Ditch Co. v. Adams, 29 Colo. 317, 68 P. 431; Buckers Irr. Co. v. Farmers' Ditch Co., 31 Colo. 62, 72 P. 49. [...] {29} Respondents point to Laws 1927, c. 182, as legislative construction of the original Water Code.
cited by 50 documents -
23.
State v. Kile - 1923-NMSC-068 - 29 N.M. 55 - 08/27/1923
Supreme Court of New Mexico - Reported OpinionsHenry v. Cartright, 13 N.M. 385; Coulter v. County Commissioners, 22 N.M. 24; Weaver v. Weaver, 16 N.M. 98; section 26 of chapter 93 of the Laws of 1917; section 12 of chapter 93 of the Laws of 1917. [...] Sec. 1471 of the Code of 1915. The issue was as to the responsibility of the accused for killing alleged. 18 N.M. 143. [...] People v. Glaze, 72 P. 965; People v. Miller, 53 P. 816; 21 Cyc. 924, 925; Collins v. State, 34 So. 993.
cited by 54 documents -
24.
Smith v. Board of Cnty. Comm'rs - 2004-NMCA-001 - 134 N.M. 737 - 10/22/2003
Court of Appeals of New Mexico - Reported Opinions{6} Plaintiff obtained counsel and filed an administrative appeal of the stop work notice, thereby triggering a stay of the notice under the County building code. [...] General Motors Acceptance Corp. v. Anaya, 103 N.M. 72, 76, 703 P.2d 169, 173 (1985). [...] Rio Grande Chapter of Sierra Club, 2003-NMSC-005, ¶ 17.
cited by 4 documents -
25.
State v. Rosenwald Bros. Co. - 1918-NMSC-009 - 23 N.M. 578 - 01/08/1918
Supreme Court of New Mexico - Reported OpinionsChapter 57, Laws 1907. A reasonably thorough investigation made by us discloses that a distinction is maintained by the courts between ordinary civil actions and special proceedings founded upon statute. [...] "It is also doubtful if the Code provisions relating to appeals and writs of error apply to special proceedings. [...] On the authority of the case of Board of Commissioners v. Denver Union Water Co., 32 Colo. 382, 76 P. 1060, the court held that it had no jurisdiction to entertain the proceedings.
cited by 61 documents