Frequently Asked Questions

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Frequently Asked Questions Regarding ...

General Questions

The Legal Services Division

The Water Rights Division

The Water Conservation Program

General Questions Frequently Asked Regarding this Office

• Q.  Does the Office of the State Engineer have an email address?
  A.  There is not one specific email address for The Office of the State Engineer. The address <webmaster@ose.state.nm.us> can be used as a general address and the Webmaster will forward the email to the appropriate division within the agency. The address <waternm@ose.state.nm.us> can be used for contacting the agencies Water Conservation Program.

• Q.  I found your website while doing some surfing. We are about to import a new product that I'm sure will be of interest concerning water conservation. I would like to know what resources your association may have to market it.
  
• A.  We are very sorry, but we can not market your product. The Office of the State Engineer/Interstate Stream Commission is a government agency within New Mexico, and being such we must stay impartial to any products, sales agents, etc.

• Q.  My company sells a vast selection of bath and kitchen related product. Could you set up a link on your web site that links to my business web site?
• A.  We are very sorry, but because we are a State Government Agency, we can not add links to web sites of private entities.

• Q.  I was not able to locate the site that would give the information for an engineer to be licensed in New Mexico.
• A.  The Office of the State Engineer is charged with administering the state's water resources. For engineer licensing you need to go to the State Board of Registration for Professional Engineers and Surveyors at: http://www.state.nm.us/pepsboard/.

Frequently Asked Questions Regarding The Legal Services Division

• Q.    Is this the State Attorney General's Office?
  A.    No, but State Engineer attorneys are commissioned by the Attorney General to represent the State and the State Engineer in water right adjudications as Special Assistant Attorneys General.

• Q.    Do you give information/advice about water rights?
  A.    By law, the attorneys in the Legal Division may not provide specific legal advice to any person, nor provide them with legal representation on a specific matter. However, the Legal Division is pleased to provide general information to any person regarding pending adjudications.

• Q.    In what newspaper must legal notice of an application be published?
  A.    In a newspaper of general circulation in the stream system for a surface water application and in a newspaper of general circulation in the county in which the well will be located if for a groundwater application.

• Q.    If there is a mistake in the legal description in a notice, would the notice have to be corrected and published?
  A.    Yes.

• Q.    Who is responsible for the contents of the legal notice?
  A.    The applicant.

• Q.    I am involved in a water law suit against my neighbor. Will the Office of the State Engineer supply a witness for me?
  A.    No, each defendant is responsible for his/her own presentation.

• Q.    If I subpoena one of your staff, what can he or she testify about? Do I have to pay per diem to this person?
  A.    A State Engineer employee may only testify about general policies and practices of the office and cannot become the advocate for any defendant. State law requires a party who requested the subpoena to pay witness fee costs.

• Q.    The person I hired to drill my water well did a poor job, took too long to finish the work and charged too much. Will the Office of the State Engineer sue him for me and take away his driller's license?
  A.    The Office of the State Engineer cannot pursue a legal action on behalf of an individual citizen to recover money. However, the Office of the State Engineer does have jurisdiction to cancel a well driller's license for violations of the terms of a license. You should report any violations to the Office of the State Engineer.

Frequently Asked Questions Regarding The Water Rights Division

• Q.    What are the office hours at the Office of the State Engineer, Water Rights Division?
  
• A.    The Office of the State Engineer, Water Rights Division hours are from 8:00a.m. to 12 noon, closed for lunch, and from 1:00p.m. to 5:00p.m. Mountain Time Zone.

• Q.    Where are you located, what is your mailing address, your physical address, your phone number, your fax number, and how do I get to your Santa Fe office?
  
• A.    The Santa Fe office is located at the Bataan Memorial Building across Don Gaspar Street from the State Capitol Round House.
  

  The mailing address is:

  P.O. Box 25102,
  Santa Fe, NM 87504-5102.

  The physical address is:

  Bataan Memorial Building,
  407 Galisteo Street - Room 100,
  Santa Fe, NM 87504.

  Phone: (505)827-6120
  FAX number is: (505)827-6682.
  
  The Santa Fe office is located on the corner of Don Gaspar and South Capitol Street with the entrance on the east side of the Bataan Memorial Building, first floor, room 100.

  The Albuquerque District office:
  

  Springer Square Building
  121 Tijeras, N.E. - Suite 2000
  Albuquerque, NM 87102
  (505)764-3888
  FAX (505)764-3892

  The Roswell District office:
  

  1900 West Second St.
  Roswell, NM 88201
  (505)622-6521
  FAX (505)623-8559

  The Deming District office:
  

  P.O. Box 844
  Deming, NM 88031
  (505)546-2851
  FAX (505)546-2290

  The Las Cruces District office:
  

  1680 Hickory Loop, Suite J
  Las Cruces, NM 88005
  (505)524-6161
  FAX (505)524-6160

  The Aztec District office:
  

  100 Gossett Dr., Suite A
  Aztec, NM 87410
  (505)334-9481
  FAX (505)334-3168

• Q.    Do you have a checklist, application or a packet available on your Web site that explains the application process on how to apply for a Well permit?
  
• A.    This web site does have a page that contains "Forms and Instructions" for the applications used by this office. For more information on the steps needed, please contact your local district office or the Santa Fe office listed above.

• Q.    Is there any chance I could email my meter readings in, instead of mailing them? If so, who would they go to?
  
• A.    Yes, you need to work it out with the Basin Supervisor assigned to the basin you are metering from. Please contact the person you currently send your meter readings in to. You will need to send the readings directly to the Basin Supervisor.

• Q.    Please instruct me as to how I would find out if there are water right appropriations available in a particular area?
  
• A.    From our "Water Information" menu select the first item titled W.A.T.E.R.S. User Login / Registration. This will take you into our online query where you can look up specific water rights information or for a given area.

• Q.    Where can we locate a purchase agreement for purchase of water rights?
  
• A.    The Office of the State Engineer does not sell water rights. Any agreement to purchase and sell water rights are drawn up between the buyer and the seller. A water attorney in your area can help draw up these documents if you desire.

• Q.    What are my water rights worth?
  
• A.    The Office of the State Engineer can not tell you what individual water rights are worth. To find out information on the worth of your water rights, you need to inquire with a licensed real estate broker or a water rights broker in that area for the current market price.

• Q.    When land is sold, do the water rights go with the sale of the land?
  
• A.    Yes, unless in the sales agreement it states that the rights are not part of the sale of the land.

Frequently Asked Questions Regarding The Water Conservation Program