HOUSE MEMORIAL 56 56

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Carl Trujillo and Paul C. Bandy

A MEMORIAL

REQUESTING THE STATE ENGINEER AND THE JUDICIARY TO UTILIZE MULTIPLE SOURCES OF DATA FOR SERVICE OR MAILING LISTS IN WATER RIGHTS ADJUDICATIONS AND REQUESTING THE STATE ENGINEER TO MAKE REASONABLE EFFORTS TO LOCATE WATER RIGHTS OWNERS WHEN MAIL IS RETURNED AS UNDELIVERABLE.

     WHEREAS, water is so scarce in New Mexico that water rights are given special constitutional protection in Article 16 of the constitution of New Mexico; and

     WHEREAS, the constitution of the United States and the constitution of New Mexico guarantee the right to due process of law; and

     WHEREAS, due process applies to all proceedings that affect water rights; and

     WHEREAS, water rights owners must be given proper notice of proceedings affecting their rights; and

     WHEREAS, to ascertain the names and addresses of current water rights owners, it is necessary to consult multiple sources of data, including records of the state engineer, real property records kept by the county clerk, tax records kept by the county assessor, records kept by acequias and community ditches and hydrographic surveys;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that due process of law requires that water rights owners must be given adequate notice of proceedings affecting their rights; and

     BE IT FURTHER RESOLVED that notice to water rights owners must be based on information that is reasonably ascertainable, including information from the data sources listed above; and

     BE IT FURTHER RESOLVED that the state engineer and the courts of New Mexico be requested to utilize these data sources in compiling service or mailing lists for water proceedings; and

     BE IT FURTHER RESOLVED that the state engineer be requested to make reasonable additional efforts to locate water rights owners when mail is returned as undeliverable; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the state engineer, to the attorney general and to the chief justice of the supreme court.

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