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

 

 

 

SPONSOR:

Feldman

 

DATE TYPED:

02/25/03

 

HB

 

 

SHORT TITLE:

Appropriation of Non-potable Groundwater

 

SB

SJM 77

 

 

ANALYST:

Chabot

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From

Interstate Stream Commission (ISC)

Office of the State Engineer (OSE)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Joint Memorial 77 resolves OSE and ISC assist the appropriate committee of the Legislature in devising legislation for the orderly appropriation of non-potable groundwater for treatment and use for domestic municipal supplies.

 

     Significant Issues

 

OSE identifies the following considerations:

 

  1. Effects of pumping non-potable groundwater must not deplete surface water associated with the basin to ensure that downstream users receive their entitled water.
  2. New Mexico water law may not allow for a limitation on beneficial use to only include “domestic and municipal supplies.”
  3. Existing water law allows for appropriation of non-potable water and additional legislation may not be needed.
  4. The Energy, Minerals and Natural Resources Department’s Oil Conservation Division needs to participate in this Joint Memorial as they regulate water use and disposition associated with oil drilling operations.

 

TECHNICAL ISSUES

 

Recommend that “nonpotable” be changed to “non-potable” on page 1, line 14 and page 2, line 11.

 

Recommend that “ground water” be changed to “groundwater” on page 1, line 14 and page 2, lines 12 and 13.

 

Recommend on page 2, line 8 inserting a comma after “engineer” and striking “and” in the same line.  On page 2, line 9 after the word “commission” insert “and energy, minerals and natural resource department”.

 

GAC/prr