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SPONSOR: |
SJC |
DATE TYPED: |
03/03/03 |
HB |
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SHORT TITLE: |
Unused Water Forfeiture Exemption |
SB |
CS/128/SJCS |
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ANALYST: |
Chabot |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Office of the State Engineer (OSE)
SUMMARY
Synopsis
of Bill
Senate Judiciary
Committee Substitute for Senate Conservation Committee Senate Bill 128 amends
Section 72-5-18 NMSA 1978 WATER ALLOWANCE by adding “Improved irrigation
methods resulting in the conservation of water shall not affect an owner’s
water rights.”
Significant
Issues
According to the previous State Engineer, Thomas
Turney, at the December 2002 interim Legislative Water and Natural Resources
Committee, OSE has not exercised the forfeiture clause on any reduced water use
resulting from conservation efforts.
This bill would codify this practice.
While the State Engineer supports conservation
efforts, the agency is concerned taking any water being saved due to
improvements in irrigation, and then put to additional beneficial use, will increase
depletions of water in the system. The
goal needs to be to keep the system in balance by increasing return flows to
the river and not developing new uses.
POSSIBLE QUESTION
GAC/prr