A. The legislature declares that the right to use the natural resource of solar energy is a property right, the exercise of which is to be encouraged and regulated by the laws of this state. Such property right shall be known as a solar right.
B. The following concepts shall be applicable to the regulation of disputes over the use of solar energy where practicable:
(1) "beneficial use." Beneficial use shall be the basis, the measure and the limit of the solar right, except as otherwise provided by written contract. If the amount of solar energy which a solar collector user can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise;
(2) "prior appropriation." In disputes involving solar rights, priority in time shall have the better right except that the state and its political subdivisions may legislate, or ordain that a solar collector user has a solar right even though a structure or building located on neighborhood property blocks the sunshine from the proposed solar collector site. Nothing in this paragraph shall be construed to diminish in any way the right of eminent domain of the state or any of its political subdivisions or any other entity that currently has such a right; and
(3) "transferability." Solar rights shall be freely transferable within the bounds of such regulation as the legislature may impose. The transfer of a solar right shall be recorded in accordance with Chapter 14, Article 9 NMSA 1978.
C. Unless a singular overriding state concerns occur which significantly affect the health and welfare of the citizens of this state, permit systems for the use and application of solar energy shall reside with county and municipal zoning authorities.
History: 1953 Comp., § 70-8-4, enacted by Laws 1977, ch. 169, § 4.
Law reviews. — For note, "Rate Structure and Energy Conservation in the 1977 New Mexico Legislative Session," see 8 N.M.L. Rev. 99 (1978).
For note, "Access to Sunlight: New Mexico's Solar Rights Act," see 19 Nat. Res. J. 957 (1979); 10 N.M.L. Rev. 169 (1979-80).
For article, "Access to Solar Energy: The Problem and Its Current Status," see 22 Nat. Res. J. 21 (1982).
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