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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. TOLL FREE 1-844-255-9210 TELEPHONE: (505)490-4060 FAX: (505)490-4883 www.nmag.gov MAILING ADDRESS: P.O. DRAWER 1508 - SANTA FE, NEW MEXICO 87504-1508 STREET ADDRESS: 408 GALISTEO STREET - SANTA FE, NEW MEXICO 87501