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F I S C A L I M P A C T R E P O R T





SPONSOR: Adair DATE TYPED: 02/28/01 HB
SHORT TITLE: Diversion of Water Offenses SB 462/aSFl #1
ANALYST: Chabot


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
 Recurring

or Non-Rec

 Fund

Affected

FY01 FY02 FY01 FY02
NFI



SOURCES OF INFORMATION



LFC Files

Administrative Office of the Courts (AOC)

Office of the State Engineer (SEO)



SUMMARY



Synopsis of the Senate Floor Amendment



This amendment moves the phrase "interfering with the exercise of a water right" to clarify the intent of the statute. The applicable portion of 72-8-1. OFFENSES now reads: Any person, association or corporation interfering with the exercise of a water right, or destroying any dam, headgate, weir benchmark or other appliance for the diversion, carriage, storage, apportionment or measurement of water or for any hydrographic surveys or who shall interfere with any person [or persons] engaged in the discharge of duties connected therewith shall be guilty of a misdemeanor and shall also be liable for the injury or damage resulting from such unlawful act."



Synopsis of Original Bill



This bill amends Section 72-8-1 NMSA 1978. Any person who damages a dam, headgate, weir, benchmark or other appliance for the diversion, carriage, storage, apportionment or measurement of water or for any hydrographic surveys interfering with the exercise of a water right shall be guilty of a misdemeanor and liable for the damages.



Significant Issues



No significant issues were identified by AOC or SEO. The impact of the change can not be assessed. However, it is unclear what the new language is attempting to do. As currently written, any person who damages the listed items for any reason is guilty of a misdemeanor. The phrase "interfering with the exercise of a water right" would restrict the current meaning only to damage done because it interferes with a water right. Any other reason for damage would be excluded.



POSSIBLE QUESTIONS