The state engineer shall, by regulations, establish the fees to be paid by applicants and declarants, which fees shall not exceed the reasonable cost of the service to be performed by the state engineer, and the applicant shall pay to the publisher the cost of the necessary advertising.

History: Laws 1931, ch. 131, § 9; 1933, ch. 122, § 1; 1941 Comp., § 77-1109; 1953 Comp., § 75-11-9; Laws 1965, ch. 124, § 4; 1967, ch. 308, § 4.

Cross references. — For the state engineer, see 72-2-1 NMSA 1978.

"Reasonable cost". — Reasonable cost of services to be performed by state engineer involves cost of printing forms, cost of preparing rules and regulations, stenographic work necessary for processing of applications and other instruments, engineering investigations necessary for processing of various applications and instruments and cost of administering rules and regulations formulated for purpose of carrying out provisions of underground water law. 1955 Op. Att'y Gen. No. 55-6090.

Expenditure of fees. — Fees for service rendered under this law cannot be used to pay costs of its administration, such as inspections, records and materials. 1931 Op. Att'y Gen. No. 31-236.

Reversion. — Creation by this section as it read prior to 1967 amendment of special fund plus requirement that fees be deposited therein and be employed for specific purpose, without limitation in point of time, would be negated by reversion into general fund. 1958 Op. Att'y Gen. No. 58-134.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 297.