HOUSE BILL 402
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO WATER; AMENDING SECTIONS OF CHAPTER 72 NMSA 1978 TO PROVIDE FOR THE STATUS OF WATER RIGHTS UNDER LEASE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 72-6-3 NMSA 1978 (being Laws 1967, Chapter 100, Section 3, as amended) is amended to read:
"72-6-3. OWNER MAY LEASE USE OF WATER.--
A. An owner may lease to any person all or any part of the water use due [him] the owner under [his] the owner's water right, and the owner's water right shall not be affected by the lease of the use. Water rights placed to beneficial use by a lessee pursuant to Chapter 72, Article 6 NMSA 1978 shall constitute beneficial use of the lessor's water right. The use to which the owner is entitled under [his] the owner's right shall, during the exercise of the lease, be reduced by the amount of water so leased. Upon termination of the lease, the water use and location of use subject to the lease shall revert to the owner's original use and location of use.
B. The lease may be effective for immediate use of water or may be effective for future use of the water covered by the lease; however, the lease shall not be effective to cumulate water from year to year or to substantially enlarge the use of the water in such manner that it would injure other water users. The lease shall not toll any forfeiture of water rights for nonuse, and the owner shall not, by reason of the lease, escape the forfeiture for nonuse prescribed by law; provided, however, that the state engineer shall notify both the owner and the lessee of declaration of [nonuser] nonuse as provided in Sections 72-5-28 and 72-12-8 NMSA 1978. The initial or any renewal term of a lease of water use shall not exceed ten years, except as provided in Subsection C of this section.
C. A water use may be leased for forty years by municipalities, counties, state universities, special water users' associations, public utilities supplying water to municipalities or counties and member-owned community water systems as lessee and shall be entitled to the protection of the forty-year water use planning period as provided in Section 72-1-9 NMSA 1978. A water use deriving from an acequia or community ditch organized pursuant to Chapter 73, Article 2 or 3 NMSA 1978, whether owned by a water right owner under the acequia or community ditch or by the acequia or community ditch may be leased for a term not to exceed ten years."
SECTION 2. Section 72-12-7 NMSA 1978 (being Laws 1931, Chapter 131, Section 7, as amended) is amended to read:
"72-12-7. CHANGE OF LOCATION OF WELL--CHANGE IN USE ON APPLICATION--TEMPORARY CHANGE.--
A. The owner of a water right may change the location of [his] the owner's well or change the use of the water, but only upon application to the state engineer and upon showing that the change will not impair existing rights and will not be contrary to the conservation of water within the state and will not be detrimental to the public welfare of the state. An adjudicated water right that is moved from one location to a second location is not required to be placed to beneficial use if it is subsequently transferred by lease to a third location. The application may be granted only after such advertisement and hearing as are prescribed in the case of original applications.
B. When the owner of a water right applies for a temporary change [of] not to exceed one year for not more than three acre-feet of water to a different location or to a different use, or both, the state engineer shall make an investigation and, if the change does not permanently impair any vested rights of others, [he] the state engineer shall enter an order authorizing the change. If [he] the state engineer finds that the change sought might impair vested rights, [he] the state engineer shall order advertisement and hearing as in other cases.
C. If objections or protests have been filed within the time prescribed in the notice or if the state engineer is of the opinion that the permit should not be issued, the state engineer may deny the application or, before [he acts] acting on the application, may order that a hearing be held. [He] The state engineer shall notify the applicant of [his] the action by certified mail sent to the address shown in the application."
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