Vanessa Vaile's List: resources

• Point of diversion (or constructed work), place of use, purpose of use, owner, and quantity.
• There are five basic components of a water right in New Mexico:
• past court decisions, legal opinions, and the discretion of the state engineer allow flexibility in the interpretation of these basic requirements
• New Mexico Statutes Chapter 72
• State Engineer, appointed by the Governor and confirmed by the State Senate, has broad authority over the supervision, appropriation and distribution of New Mexico’s surface and groundwater
• a permit from the State Engineer is required to appropriate water, change the point of diversion, change the location of wells in declared basins, divert or store water, or change the place or purpose of water use.
• An application for a new appropriation or a change in an existing water right must be advertised once a week for three consecutive weeks in a local newspaper.
• Protests may also be filed on the basis that granting the application will adversely effect public welfare, or would be contrary to the conservation of water within the state.
• The existence of unappropriated waters; if the application will impair existing water right; whether granting the application would be contrary to the conservation of water within the state; and if the application will be detrimental to the public welfare. The State Engineer can then issue a permit either in whole, in part, or conditioned to ensure non-impairment of water rights.
• The time frame involved in obtaining a water right in New Mexico is extremely variable. If an application is not complex and is not protested, it takes a minimum of 3 months to obtain approval. If, however, the application is protested, hearings are held, and complexities are involved. The State Engineer can then take much longer (in some cases decades) to reach a decision.
• beneficial use in New Mexico requires a diversion of water from its natural path to a place where that water produces revenue or sustains human life
• One attribute of a water right in New Mexico is the right to change the point of diversion, the place of use, and the purpose of use
• may not be detrimental to the public welfare
• The recognition of a beneficial use is at the discretion of the State Engineer
• the State Engineer has broad authority
• Agriculture
• Water rights in New Mexico can be transferred from one entity to another, but a change application must be filed and approved by the State Engineer. Water rights in New Mexico are considered real property and they may be bought or sold.
• A water right in New Mexico can be lost by forfeiture. When all or any part of appropriated water is not put to beneficial use for a period of four consecutive years, the State Engineer issues a notice of non-use
• Application to Appropriate Irrigation, Municipal, Industrial or Commercial Use $25.00
• 1. An appropriation of up to three acre-feet per year for a well for water livestock, domestic use, or non-commercial irrigation (trees, lawn, garden, etc.) smaller than one acre.

18 more annotations...

• The New Mexico Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978] governs the formation, operation and dissolution of nonprofit corporations in New Mexico.
• managed by its board of directors and operated by its officers and members
• a nonprofit corporation may, but is not required to, have members
• The principal advantage of incorporation is that it protects the shareholders or members from personal liability for the obligations and liabilities of the corporation,
• A nonprofit corporation attains its separate legal status through the filing and approval by Corporation Commission of its certificate of incorporation.
• New Mexico Nonprofit Corporation Act
• One or more persons, including for-profit and nonprofit corporations, may incorporate a nonprofit corporation by signing and delivering articles of incorporation in duplicate to the corporation commission. The articles of Incorporation, approved by the Corporation Commission by a Certificate of incorporations, must have the name of the corporation; the period of duration, which may be perpetual; the purpose or purposes
• Liability of Members, Directors and Officers
• The directors, officers, employees and members of the corporation shall not be personally liable for the corporation’s obligations.

• No director of the corporation can be personally liable to the corporation or its members for monetary damages or breach of fiduciary duty as a director unless the director has engaged in willful misconduct by breaching or failing to perform the duties of the director’s office.

   

  No member of a board of directors of a nonprofit corporation is personally liable for any damages resulting from any negligent act or omission of an employee or another director of that nonprofit corporation.
• The commission shall provide, pursuant to the provisions of the Public Records Act [Chapter 14, Article 3 NMSA 1978], for the retention, storage and destruction of annual reports filed with the commission.
• Each corporation must keep correct and complete books and records of account and minutes of the proceedings of its members, board of directors and committees having any of the authority of the board of directors.
• All books and records of a corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time.
• To encourage qualified individuals to accept positions as directors and officers, many nonprofit corporations purchase insurance to cover director and officer (D&O) liability. 
• Liability insurance for nonprofit corporations is often a very complicated matter. 

13 more annotations...

• Much of the information in this section was drawn from content posted on the Web site of the U.S. Copyright Office and is based on the U.S. Copyright Act of 1976. The information appears here in an edited form. For the complete, unedited text visit: www.copyright.gov.
• Copyright protection exists from the time the work is created in a fixed, tangible form of expression. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. In the case of works made for hire the employer, not the writer, is considered to be the author.
• If the work is protected by copyright, you must obtain permission from the copyright holder to reuse it.
• Registration & Other Requirements
• Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a tangible form,
• Neither publication, registration or other action in the Copyright Office is required to secure copyright, although registration is recommended.
• The use of a copyright notice is no longer required under U.S. law, although it is often beneficial.
• the use of a copyright notice is recommended as it reminds the public that the work is protected by copyright.
• Example: © 2004 John Doe
• The term of copyright protection varies with the date of creation. A work created on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death.
• The public domain comprises all those works that are either no longer protected by copyright or never were.
• all works first published in the United States prior to 1923 are considered to be in the public domain in the United States, as are works published between 1923 and 1963 on which copyright registrations were not renewed.
• The concept of fair use can be confusing and difficult to apply to particular uses of copyright protected material. Understanding the concept of fair use and when it applies may help ensure your compliance with copyright law.
• Fair use recognizes that certain types of use of other people's copyright protected works do not require the copyright holder's authorization. In these instances, it is presumed the use is minimal enough that it does not interfere with the copyright holder's exclusive rights to reproduce and otherwise reuse the work.
• Fair use is primarily designed to allow the use of the copyright protected work for commentary, parody, news reporting, research and education.
• four factors to help judges determine, and therefore to help you predict, when content usage may be considered "fair use."
• Under the first sale doctrine (section 109 of the Copyright Act), ownership of a physical copy of a copyright-protected work permits lending, reselling, disposing, etc. of the item, but it does not permit reproducing the material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the copyright holder, because the transfer of the physical copy does not include transfer of the copyright rights to the work.
• If the copyright holder has registered the infringed work with the U.S. Copyright Office prior to the infringement, the copyright holder may be entitled to compensation for his loss.
• You may also be criminally liable if you willfully copy a work for profit or financial gain, or if the work has a value of more than $1,000.
• There is no such thing as an "international copyright" t
• there are some specific provisions in the Copyright Act for the use of copyright-protected materials by academic institutions,

19 more annotations...

• Under U.S. copyright law, your self published work is protected as soon as you put the pen to paper. Copyright is based on your creative authorship and is not dependent on any formal agreement with a book publisher or self publishing company, although registration with the U.S. Copyright Office is beneficial
• Copyright Registration allows you, as a self published author, a higher level of security and confidence when it comes to protecting your work. When you register your work with the U.S. Copyright office, you create a public record of your authorship. Even though you are protected from the moment you start writing, you’ll have to register your work with the Copyright Office to be officially recognized as the copyright holder in a court of law.
• AuthorHouse provides the ability for authors to register a book with the U.S. Copyright Office.
• AuthorHouse will complete all the necessary forms and send two copies of your book for cataloging in the U.S. Copyright Office. Once the government has processed your application, the copyright registration is sent directly to you.

2 more annotations...