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SENATE JOINT MEMORIAL 2

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SPECIAL SESSION

, 2007

INTRODUCED BY

Pete Campos

A JOINT MEMORIAL

REQUESTING THE STATE ENGINEER, WHEN EVALUATING APPLICATIONS TO

EXPORT GROUND WATER OUT OF ITS BASIN OF ORIGIN, TO CONSIDER THE

AVAILABILITY OF WATER SUPPLIES WITHIN THE BASIN TO WHICH WATER

IS BEING EXPORTED.

WHEREAS, certain governmental entities are considering or

have considered policies to mine and export ground water from

closed basins, such as the Estancia basin, which are often sole

water supply sources for communities; and

WHEREAS, the ground water resources of these basins are

not renewable and will not be replenished because they are

being mined; and

WHEREAS, the exportation of ground water from these

basins has the potential to shorten their productivity;

and

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WHEREAS, the Estancia basin regional water plan

provides that the exportation of ground water is contrary

to the greater interest of the planning area and that it

must be aggressively discouraged and opposed; and

WHEREAS, the ground water of the Estancia basin

constitutes the sole potable water supply upon which the

communities in the basin depend; and

WHEREAS, the local governments of Moriarty, Estancia,

Mountainair, Edgewood and Torrance county and local

residents of the Estancia basin have joined together in

opposing increased mining and exportation of ground water

from the Estancia basin; and

WHEREAS, the boards of county commissioners of Torrance,

Bernalillo and Santa Fe counties have actively discouraged the

exportation of any ground water from the Estancia basin; and

WHEREAS, during the hearings on the regional water plan

and the Torrance county comprehensive ordinance, the Estancia

basin public consistently voiced its opposition to the

exportation of water from the Estancia basin, fearing that

exportation will both impair the existing water rights and be

detrimental to planning regions' public welfare; and

WHEREAS, the state engineer has administratively

designated parts of the Estancia basin as a critical

management area, curbing both domestic use and other uses of

water; and

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WHEREAS, there is uncertainty regarding the maximum

amount of ground water that will be placed to beneficial use

in any given year within the Estancia basin, and all studies

conclude that current existing diversions from the aquifer

exceed the rate at which it is being recharged; and

WHEREAS, the continued and future economic

existence of the Estancia basin communities is

dependent on a reliable, if not entirely sustainable,

water supply; and

WHEREAS, some ground and surface water basins have

access to reliable, renewable sustainable water supplies

from renewable stream systems and have the ability to

acquire water rights within those systems and also have

sufficient ground water resources to sustain and their

current and projected growth needs; and

WHEREAS, the public welfare of the state is served by

requiring other basins to develop the available surface and

ground water resources within their own basins rather than

mining the nonrenewable ground water resources in the rural

Estancia basin and depriving fellow New Mexicans, including

ranchers, farmers and community governments of a future;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF

THE STATE OF NEW MEXICO that the exportation of mined

ground water from a closed ground water basin shall be

consistent with the public welfare of New Mexico and not

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contrary to the planning objectives in a regional water

plan; and

BE IT FURTHER RESOLVED that any application to export

water from a mined ground water basin be supported by proof

of a need in the importing basin to import ground water

from a mined basin and proof that there are no alternative

available in-basin sources of water to supply the region

seeking to import ground water from the mined basin; and

BE IT FURTHER RESOLVED that a copy of this memorial be

transmitted to the state engineer.

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