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83 result(s)
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1.
Adobe Whitewater Club v. State Game Comm’n - 2022-NMSC-020 - 09/01/2022
Supreme Court of New Mexico - Reported Opinionsand NEW MEXICO CHAPTER OF BACKCOUNTRY HUNTERS & ANGLERS, a non-profit organization, [...] {13} In 1907, the Territorial Legislature enacted the Water Code that declared, “All natural waters flowing in streams and watercourses, whether such be perennial, or torrential, within the limits of the state of New Mexico, belong to the public and are subject to appropriation for beneficial use.” NMSA 1978, § 72-1-1 [...] See Utah Code Ann. § 73-29-102 (2010).
cited by 5 documents -
2.
Lujan Grisham v. Romero - 2021-NMSC-009 - 02/15/2021
Supreme Court of New Mexico - Reported OpinionsComm’n v. Zinn, 1963-NMSC-048, ¶¶ 13-14, 18, 72 N.M. 29, 380 P.2d 182, in which this Court granted a writ of prohibition against the district court prior to the court’s hearing on a requested temporary injunction). [...] See Morningstar Water Users Ass’n v. N.M. Pub. Util. Comm’n, 1995-NMSC-062, ¶ 9, 120 N.M. 579, 904 P.2d 28 (holding that the party challenging a commission decision bears the burden of showing that the decision is unreasonable). [...] (N.M. 2020) (attempting with Section 1(A) to limit the invocation pursuant to an act in the Emergency Powers Code to 30 days “unless extended by joint resolution of the legislature”).
cited by 28 documents -
3.
State ex rel. Sugg v. Toulouse Oliver - 2020-NMSC-002 - 12/19/2019
Supreme Court of New Mexico - Reported Opinions{2} The enactment of HB 407 accomplished a major overhaul of this state’s Election Code, NMSA 1978 §§ 1-1-1 to -26 (1969, as amended through 2019). [...] In this regard, the Legislature began by creating a new chapter of the Election Code, denominated as the Nonpartisan Judicial Retention Act, NMSA 1978, §§ 1-26-1 to -6 (2019). 2019 N.M. Laws, ch. 212, §§ 172 to -77. [...] {14} The constitutional waters become muddied, however, in situations where the terms of public officers are impliedly extended as a result of statutes which serve to defer the time of an election.
cited by 17 documents -
4.
Kaywal, Inc. v. Avangrid Renewables, Inc. - 2021-NMCA-037 - 11/25/2019
Court of Appeals of New Mexico - Reported Opinions1846 N.M. Laws, Practice at Law in Civil Suits, § 4 (Kearny Code); see Geck, 1859-NMSC-010, ¶¶ 6-7 (noting that the English version of the code mistakenly omitted the word “not” from the last phrase of this section). [...] Code Ann. § 22.001(a) (West 2019) (defining the current codification of trespass to try title as “the method of determining title to lands, tenements, or other real property”). [...] [10]We also note that, in a nuisance case involving environmental pollution, for instance, the property where a party’s nuisance-causing activity occurs (e.g., water contamination) may be in a different county than the county where the affected party is located.
cited by 12 documents -
5.
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 -
6.
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 -
7.
Morris v. Brandenburg - 2015-NMCA-100 - 08/11/2015
Court of Appeals of New Mexico - Reported Opinionsin five other states, see Ark. Code Ann. § 5-10-106 (2007) (expressly prohibiting “physician-assisted suicide”); Ga. Code Ann. § 16-5-5(b), (d) (2012) (indicating application to physicians by requiring healthcare providers to notify the licensing board upon conviction); Idaho Code Ann. § 18-4017 (2011) (same); N.D. Cent. [...] And . . . if they get the chance to write that final chapter, to at least describe how the story will end on their own terms, it’s a great relief to patients and their families. [...] Rev. Code Ann. § 70.245.200; Or. Rev. Stat. Ann. § 127.890 § 4.02; Vt. Stat.
cited by 29 documents -
8.
State v. Steven B. - 2015-NMSC-020 - 06/25/2015
Supreme Court of New Mexico - Reported OpinionsSee, e.g., Organized Vill. of Kake v. Egan, 369 U.S. 60, 72 (1962) (“As the United States spread westward, it became evident that there was no place where the Indians could be forever isolated.”). [...] Having become obsolete, the 1834 definition of Indian country was effectively repealed when it was omitted from the U.S. Code in 1874. [...] All utilities, including telephone services, electricity services, natural gas services, water and sewer services, and waste disposal services, are provided by non-Indian entities.
cited by 16 documents -
9.
Southwest Research & Info. Ctr. v. N.M. Env't Dep't - 2014-NMCA-098 - 07/11/2014
Court of Appeals of New Mexico - Reported OpinionsProject v. N.M. Water Quality Control Comm’n, 2005-NMCA-139, ¶ 16, 138 N.M. 625, 124 P.3d 1164 (internal quotation marks and citation omitted). [...] Section 264.601 in Title 40 of the Code of Federal Regulations does not govern modification requests, which, as as discussed throughout this Opinion, are governed by 40 C.F.R. § 270.42. [...] {72} Appellants’ first through fourth management-practices points are not supported by the record.
cited by 13 documents -
10.
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 -
11.
Elane Photography, LLC v. Willock - 2013-NMSC-040 - 08/22/2013
Supreme Court of New Mexico - Reported OpinionsIn Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez, ___ U.S. ___, ___, 130 S. Ct. 2971, 2980 (2010), students at Hastings College of the Law formed a chapter of the Christian Legal Society and sought formal recognition from the school. [...] They looked for authority in the Bible, Book of Exodus, Chapter 20, verses 4 and 5: “Thou shalt not make unto thee any graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth: thou shalt not bow down thyself to them, nor serve them.” Id. [...] Ann. 5/1-102(A) (2010); Iowa Code Ann. 216.7 (2007); Md. Code Ann., State Government 20-304 (2009); Nev. Rev. Stat.
cited by 262 documents -
12.
Millar v. N.M. Dep't of Workforce Solutions - 2013-NMCA-055 - 01/31/2013
Court of Appeals of New Mexico - Reported Opinions{12} As an initial matter, the Codes of Federal Regulation are federal law and, if relevant, may properly be considered by the district court. [...] Dunn, 474 F. Supp. at 271-72. The plaintiffs alleged that New York’s failure to provide prompt hearings of unemployment compensation appeals deprived them of their Fourteenth Amendment due process rights to receive prompt payment of unemployment compensation under the “when due” provision of 20 C.F.R. § 503(a)(1). [...] {22} We also reject the district court’s and Millar’s reliance on Waters-Haskins as inapplicable to the facts of this case.
cited by 14 documents -
13.
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 -
14.
Chatterjee v. King - 2011-NMCA-012 - 149 N.M. 625 - 12/01/2010
Court of Appeals of New Mexico - Reported OpinionsAlbuquerque Bernalillo County Water Util. Auth., 2010-NMSC-013, ¶ 52. [...] Rev. Code. § 26.10.160(3) (2004), unconstitutionally infringed on the fundamental right “as applied to [the respondent] in [that] case.” Troxel, 530 U.S. at 67 (emphasis added). [...] {52} Sections 40-4-1 to -20 are codified by the Compilation Commission in Chapter 40, Article 4.
cited by 24 documents -
15.
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 -
16.
Albuquerque Bernalillo Co. Water Utility Authority v. NMPRC - 2010-NMSC-013 - 148 N.M. 21 - 03/19/2010
Supreme Court of New Mexico - Reported OpinionsALB. BERNALILLO CO. WATER UTILITY AUTHORITY V. NMPRC, 2010-NMSC-013, 148 N.M. 21, 229 P.3d 494 [...] ALBUQUERQUE BERNALILLO COUNTY WATER UTILITY AUTHORITY, Appellant, v. [...] {72} The following additional background is necessary to our resolution of this claim.
cited by 79 documents -
17.
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 -
18.
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 -
19.
Citizen Action v. Sandia Corporation - 2008-NMCA-031 - 143 N.M. 620 - 12/19/2007
Court of Appeals of New Mexico - Reported OpinionsSee Morningstar Water Users Ass’n v. N.M. Pub. Util. Comm’n, 120 N.M. 579, 583, 904 P.2d 28, 32 (1995). [...] See Rio Grande Chapter of the Sierra Club, 2003-NMSC-005, ¶17. [...] The hearing officer concluded in finding 72 that the volatile organics “pose [an] insignificant risk to human health.”
cited by 25 documents -
20.
Rosette, Inc. v. U.S. Dep't of Interior - 2007-NMCA-136 - 142 N.M. 717 - 01/05/2007
Court of Appeals of New Mexico - Reported Opinions{49} To support this assertion, Rosette relies on Section 1021 of the Geothermal Steam Act. 30 U.S.C. § 1021 states: "Nothing in this chapter shall constitute an express or implied claim or denial on the part of the Federal Government as to its exemption from State water laws." [...] In such case, the use is not governed by laws related to geothermal resources, but is simply governed by the water code. [...] The State Engineer persuades us that neither our state water code nor case law entitle Rosette to water of a certain temperature.
cited by 40 documents -
21.
Albuquerque Commons P'ship v. City Council of Albuquerque - 2006-NMCA-143 - 140 N.M. 751 - 04/26/2006
Court of Appeals of New Mexico - Reported OpinionsCode § 14-16-1-5. {59} Section 14-16-2-24 of the Code governs the SU-3 Special Center Zone. [...] See Code § 14-16-4-1. Compare Code § 14-16-4-1(A)(3), which deals with zone map amendments, with Code § 14-16-4-1(A)(4), which deals with text amendments; compare Code § 14-16-4-1(C), which sets forth the procedures for hearings and decision for proposed zone map amendments, with Code § 14-16-4-1(D), which contains the [...] {72} ACP maintains that the City targeted ACP's property and thereby effected a downzone, requiring due process and a quasi-judicial hearing.
cited by 25 documents -
22.
Aguilera v. Board of Educ. - 2005-NMCA-069 - 137 N.M. 642 - 04/05/2005
Court of Appeals of New Mexico - Reported OpinionsThe form is derived from State Board of Education Regulation No. 72 25, Certified School Instructor Contract, filed January 8, 1973; and State Board of Education Regulation No. 88-1, Certified (Licensed) School Instructor Contract, filed February 2, 1988, as set forth in the history at the end of 6.66.2.8 NMAC. The [...] The Act, with the limiting definition of "just cause" in relation to discharge is part of the Public School Code. [...] NMSA 1978 § 22-1-1 (2004) (stating NMSA 1978, Chapter 22, may be cited as the Public School Code).
cited by 28 documents -
23.
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 -
24.
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 -
25.
Apodaca v. AAA Gas Co. - 2003-NMCA-085 - 134 N.M. 77 - 03/11/2003
Court of Appeals of New Mexico - Reported OpinionsThe N.F.P.A. Fire Codes and Supplements . . . Additionally there were two New Mexico statutes in force adopting the N.F.P.A. Code and supplements. [...] ('74 Code, 7-27-1 A) (Ord. 22-1993). (emphasis added). We are not aware of any cases that determine whether the Albuquerque Fire Code applies to Plaintiffs as Defendants contend. [...] {72} The explosion occurred in July 1997, over three years before the scheduled trial date.
cited by 113 documents