Statutes > New Mexico Statutes > Chapter 72 - Water Law. > Article 5 - Appropriation and Use of Surface Water, 72-5-1 through 72-5-39. > Section 72-5-7 - Application; rejection; noncompliance with rules; conservation and public welfare.

Section 72-5-7 - Application; rejection; noncompliance with rules; conservation and public welfare.

72-5-7. Application; rejection; noncompliance with rules; conservation and public welfare.

If, in the opinion of the state engineer, there is no unappropriated water available, he shall reject such application. He shall decline to order the publication of notice of any application which does not comply with the requirements of the law and rules and regulations. He may also refuse to consider or approve any application or notice of intention to make application or to order the publication of notice of any application if, in his opinion, approval would be contrary to the conservation of water within the state or detrimental to the public welfare of the state.