N.M. Code R. § 19.2.8.8 – Agricultural Leases

A. The commissioner may lease state trust land for agricultural purposes in such manner and upon such terms as the commissioner determines to be in the best interests of the trust for which the lands are held by the state.
B. Each agricultural lessee shall protect the leased state trust lands from waste and trespass.
C. One who leases state trust lands shall fence the lands leased, unless such lands shall be used and managed in conjunction with adjacent land, or are subject to an exchange of use agreement.
D. Agricultural leases shall be issued for animal husbandry, cultivated land or both, or for other related uses.
E. The commissioner may, at any time, withhold state trust land from agricultural leasing or reject applications to lease, whether such applications are to lease open acreage, to renew an existing lease, or to lease land already under lease to another, if the commissioner determines such action is in the best interests of the trust for which the land is held.
F. All agricultural leases shall be upon forms prescribed by the commissioner and shall contain such terms and conditions as are required by law or as are deemed appropriate by the commissioner. Each lease shall have only one (1) mailing address of record at the state land office regardless of the number of lessees under the lease, and the commissioner shall mail all lease notices to such address of record and no other.
G. Agricultural leases with terms of five (5) years or less may be issued by the commissioner without advertisement or public auction. All such leases shall commence on October 1st and expire on September 30th; provided, however, leases on open acreage issued after October 1st shall bear the actual date of execution and shall be issued for the balance of that lease year plus no more than four (4) additional years.
H. Outstanding agricultural leases and permits on lands acquired by the state of New Mexico from the United States shall be honored until their expiration. The lessees under such leases shall have the right as provided by law to match competitive lease bids and obtain new leases.
[12/1/92, 6/29/96; 19.2.8.8 NMAC - Rn, 19 NMAC 3 SLO 8.8, 09/30/02; A, 04/15/10]