SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 86

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO WATER RIGHTS NOTIFICATIONS; REQUIRING THE OFFICE OF THE STATE ENGINEER TO POST NOTICES ONLINE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 72, Article 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] NOTICE FOR APPLICATION--ONLINE PUBLICATION.--

          A. Within five days of issuing a notice to an applicant for publication pursuant to Sections 72-5-4, 72-5A-5, 72-6-6, 72-12-3 and 72-12B-1 NMSA 1978, the state engineer shall post the notice on the website of the office of the state engineer. The posting shall remain on the website of the office of the state engineer for six months.

          B. Posting of a notice on the office of the state engineer's website shall be for public service purposes only. The posting shall neither replace a required public notice nor constitute an additional requirement of public notice pursuant to Sections 72-5-4, 72-5A-5, 72-6-6, 72-12-3 and 72-12B-1 NMSA 1978. The posting shall have no effect on the legal sufficiency of any public notice provided by an applicant or on deadlines established by operation of law pursuant to Chapter 72 NMSA 1978 for the filing of protests to an application."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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