N.M. Admin. Code § 19.2.10.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.10.11 - SURVEY PERMISSION

Anyone desiring to apply for an easement or right of way covering trust lands shall, prior to entry for surveying activities, file with the commissioner a written notice of intent to conduct a survey of the proposed location of such easement or right of way.

A. Such written notice, which may be in letter form, shall adequately describe the proposed project, including the purpose and general location (giving section, township and range coordinates).

B. The written notice shall contain the following agreement: "The undersigned applicant indemnifies and holds harmless the commissioner, the commissioner's agents and employees, and any authorized lessees of the state of New Mexico, against any and all liability for loss of life, personal injury and property damage due to survey or related activities of the applicant, or by employees, contractors or subcontractors of the applicant." In lieu of such agreement, the applicant may submit a surety bond in an amount acceptable to the commissioner.

C. Upon receipt of the notice, the commissioner shall first determine whether the requested survey is, in fact, trust lands, and if the notice and agreement are acceptable. If accepted, the applicant and any surface lessees will be notified, and the applicant will be informed of any conditions being imposed on the proposed entry by the commissioner. Failure to comply with such conditions may result in the denial of a subsequent application for a right of way or easement.

N.M. Admin. Code § 19.2.10.11

19.2.10.11 NMAC - Rp, 19.2.10.11 NMAC, 06/30/04, Amended by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 6/11/2019