Definitions.

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As used in Sections 72-14-9 through 72-14-28 NMSA 1978:

A. "engineer" or "state engineer" means the state engineer of New Mexico;

B. "commission" means the interstate stream commission or other department or agency which may be created and charged with the duties and functions of the commission;

C. "works" includes all property, rights, easements and franchises relating thereto and deemed necessary or convenient for their operation, and all water rights acquired or exercised by the commission in connection with such works, and shall embrace all means of conserving and distributing water, including, without limiting the generality of the foregoing, reservoirs, dams, diversion canals, distributing canals, lateral ditches, pumping units, wells, mains, pipelines and waterworks systems and shall include all such works for the conservation, development, storage, distribution and utilization of water, including, without limiting the generality of the foregoing, works for the purpose of irrigation, development of power, watering of stock, supplying of water for public, domestic, industrial and other uses, for fire protection and for the purpose of obtaining hydrographic surveys used by the state engineer for determining water rights;

D. "cost of works" includes the cost of construction; the cost of all lands, property, rights, easements and franchises acquired which are deemed necessary for such construction; the cost of all water rights acquired or exercised by the commission in connection with a project; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for a period not exceeding three years after the completion of construction; the cost of engineering and legal expenses, plans, specifications, surveys, estimates of cost and other expenses necessary or incident to determining the feasibility or practicability of any project; and administrative expense and such other expenses as may be necessary or incident to the financing and the completion of a project and the placing of the project in operation;

E. "owner" includes all individuals, irrigation districts, incorporated companies, societies or associations having any title or interest in any properties, rights, easements or franchises to be acquired; and

F. "project" means any one of the works defined in this section or any combination of such works which are jointly managed and operated as a single unit.

History: 1953 Comp., § 75-34-9, enacted by Laws 1955, ch. 266, § 1; 1997, ch. 241, § 4; 1997, ch. 246, § 4.

ANNOTATIONS

The 1997 amendment, effective June 20, 1997, added the section heading, substituted "Sections 72-14-9 through 72-14-28 NMSA 1978" for "this act, the following words and terms shall have the following meanings" in the introductory language; added "and for the purpose of obtaining hydrographic surveys used by the state engineer for determining water rights" at the end of Subsection C; inserted "in this section" following "defined"; deleted "physically connected or" following "which are" in Subsection F; and made stylistic changes throughout the section.

Laws 1997, ch. 241, § 4 and Laws 1997, ch. 246, § 4, both effective July 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 4. See 12-1-8 NMSA 1978.


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