A dam owner proposing to reconstruct, enlarge, or modify a non-jurisdictional dam, resulting in a jurisdictional dam after construction is completed, shall comply with 19.25.12.11 NMAC before construction begins. If the ownership of a non-jurisdictional dam changes, resulting in a jurisdictional dam, the owner shall comply with 19.25.12.11 NMAC. The state engineer will give the owner a reasonable amount of time to comply with 19.25.12.11 NMAC. If the owner fails to comply with 19.25.12.11 NMAC, the dam will be ordered breached in accordance with Subsection B or C of 19.25.12.19 NMAC.
N.M. Admin. Code § 19.25.12.20