45th legislature - STATE OF NEW MEXICO - first session, 2001

REQUESTING COOPERATION AMONG THE DIVERSE WATER INTERESTS IN DEVELOPMENT OF WATER POLICIES AND MANAGEMENT STRATEGIES TO PROTECT AND SERVE NEW MEXICO WATER RIGHTS.

WHEREAS, New Mexico is in a desert and is dependent on an unpredictable supply of water for its economic and social stability; and

WHEREAS, it is reported that the state's public waters are over-appropriated and there are more claimants to water than there is water available; and

WHEREAS, water rights adjudications and perfection of legal rights to use water are incomplete; and

WHEREAS, water administration is hampered by the lack of completed adjudications and insufficient accounting of water availability and use; and

WHEREAS, it is imperative that the state comply with its delivery obligations pursuant to interstate compacts and international treaties and with federal laws, such as the Endangered Species Act of 1973; and

WHEREAS, recent drought conditions have led to a court order for water stored in reservoirs to be released for the silvery minnow; and

WHEREAS, continuing or future droughts foreshadow additional shortages of the water necessary to meet the diverse needs of the state, including those of agricultural, municipal, industrial, environmental and domestic uses; and

WHEREAS, federal initiatives to control New Mexico water, population growth in New Mexico, undeclared Native American claims, increasing environmental demands and downstream states' water shortages place acute pressure on New Mexico to effectively and efficiently manage its water resources; and

WHEREAS, the diversity of valid water users and interests inevitably fosters conflict and disputes in administration of water; and

WHEREAS, these conflicts, while appropriate in certain forums, can impair the state's ability to protect water rights of its citizens, enforce state constitutional and statutory law and effectively manage water resources for the public benefit and welfare;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the offices of the state engineer and the interstate stream commission, the various irrigation and conservancy districts, acequias, municipalities, water utilities and other water interests be requested to diligently cooperate and collaborate in managing institutional and legal conflicts and state water resources; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the state engineer, the chairman of the interstate stream commission, the chairs of the governing boards of the irrigation and conservancy districts, the chair of the acequia commission, the president of the acequia association and the director of the New Mexico municipal league for distribution to his members.