0001|                        SENATE BILL 323
    |
0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
    |
0003|     1996
    |
0004|                         INTRODUCED BY
    |
0005|                       FERNANDO R. MACIAS
    |
0006|     
    |
0007|                                
    |
0008|     
    |
0009|     
    |
0010|     
    |
0011|                             AN ACT
    |
0012|     RELATING TO WATER RIGHTS; CREATING A WATER RIGHTS TASK FORCE;
    |
0013|     MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
    |
0014|     
    |
0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|       Section 1.  WATER RIGHTS TASK FORCE CREATED--TERMINATION.--The "water rights task force" is created.  The task force shall
    |
0017|     function from the date of its appointment until the first day of
    |
0018|     December prior to the first session of the forty-fifth
    |
0019|     legislature.
    |
0020|       Section 2.  MEMBERSHIP--APPOINTMENT--VACANCIES.--
    |
0021|            A.  The water rights task force shall be composed of
    |
0022|     six legislative members, six public members and six advisory
    |
0023|     members from the executive branch of government.
    |
0024|            B.  Three members of the house of representatives
    |
0025|     shall be appointed by the speaker of the house of
    |
0001|     representatives and three members of the senate shall be
    |
0002|     appointed by the president pro tempore of the senate after
    |
0003|     consultation with and the agreement of a majority of the members
    |
0004|     of the committees' committee.  Members shall be appointed from
    |
0005|     each house to give the two major political parties in each house
    |
0006|     the proportional representation on the task force that prevails
    |
0007|     in each house; however, in no event shall either party have less
    |
0008|     than one member from each house on the task force.            
    |
0009|            C.  Three public members shall be appointed to the
    |
0010|     task force by the speaker of the house of representatives and
    |
0011|     three public members shall be appointed to the task force by the
    |
0012|     president pro tempore of the senate to represent the state's
    |
0013|     ethnic and geographic diversity.  The public members of the task
    |
0014|     force shall be paid per diem and mileage in accordance with the
    |
0015|     provisions of the Per Diem and Mileage Act plus reimbursement
    |
0016|     for reasonable actual expenses.
    |
0017|            D.  Additionally, the task force shall include six
    |
0018|     advisory members of the executive branch of government appointed
    |
0019|     by the governor.  
    |
0020|            E.  Vacancies on the task force shall be filled by
    |
0021|     appointment in the same manner as the original appointments.
    |
0022|            F.  The speaker of the house of representatives and
    |
0023|     the president pro tempore of the senate shall each designate one
    |
0024|     co-chairman of the task force.
    |
0025|       Section 3.  DUTIES.--After its appointment, the water
    |
0001|     rights task force shall hold one organizational meeting to
    |
0002|     develop a work plan and budget for the ensuing interim.  The
    |
0003|     work plan and budget shall be submitted to the legislative
    |
0004|     council for approval.  Upon approval of the work plan and budget
    |
0005|     by the legislative council, the task force shall examine the
    |
0006|     statutes, constitutional provisions, regulations and court
    |
0007|     decisions governing water law in New Mexico, consult with and
    |
0008|     solicit advice from the state engineer's office and recommend
    |
0009|     legislation or changes, if any are found to be necessary, to the
    |
0010|     legislature.
    |
0011|       Section 4.  REPORT.--The water rights task force shall make
    |
0012|     a report of its findings and recommendations for the
    |
0013|     consideration of the legislature.  The report and suggested
    |
0014|     legislation shall be made available to the legislative council
    |
0015|     on or before December 15 preceding each legislative session.
    |
0016|       Section 5.  STAFF.--The staff for the water rights task
    |
0017|     force shall be provided by the legislative council service.
    |
0018|       Section 6.  APPROPRIATION.--Twenty thousand dollars
    |
0019|     ($20,000) is appropriated from the general fund to the
    |
0020|     legislative council service for expenditure in fiscal years 1996
    |
0021|     through 2001 for the purpose of paying the salaries and expenses
    |
0022|     of the technical, legal and clerical staff, purchase of
    |
0023|     necessary equipment and supplies and reimbursement of the per
    |
0024|     diem and mileage expenses of the water rights task force.  Any
    |
0025|     unexpended or unencumbered balance remaining at the end of
    |
0001|     fiscal year 2001 shall revert to the general fund.  Payments
    |
0002|     from the appropriation shall be made upon vouchers signed by the
    |
0003|     director of the legislative council service or his authorized
    |
0004|     representative.
    |
0005|       Section 7.  EMERGENCY.--It is necessary for the public
    |
0006|     peace, health and safety that this act take effect immediately.
    |
0007|                                    
    |
0008|   
    |
0009|                    FORTY-SECOND LEGISLATURE
    |
0010|                      SECOND SESSION, 1996
    |
0011|   
    |
0012|   
    |
0013|                                              JANUARY 26, 1996
    |
0014|   
    |
0015|   Mr. President:
    |
0016|   
    |
0017|     Your COMMITTEES' COMMITTEE, to whom has been referred
    |
0018|   
    |
0019|                           SENATE BILL 323
    |
0020|   
    |
0021|   has had it under consideration and finds same to be GERMANE, PURSUANT
    |
0022|   TO CONSTITUTIONAL PROVISIONS, and thence referred to the
    |
0023|   CONSERVATION COMMITTEE.
    |
0024|   
    |
0025|                              Respectfully submitted,
    |
0001|   
    |
0002|   
    |
0003|   
    |
0004|   
    |
0005|                              __________________________________
    |
0006|                              SENATOR MANNY M. ARAGON, Chairman 
    |
0007|   
    |
0008|   
    |
0009|   
    |
0010|   Adopted_______________________ Not Adopted_______________________
    |
0011|             (Chief Clerk)                        (Chief Clerk)
    |
0012|   
    |
0013|   
    |
0014|                     Date ________________________
    |
0015|   
    |
0016|   
    |
0017|   
    |
0018|     S0323CC1  
    |
0019|   
    |
0020|                      FORTY-SECOND LEGISLATURE
    |
0021|                        SECOND SESSION, 1996
    |
0022|   
    |
0023|   
    |
0024|                                                   February 6, 1996
    |
0025|   
    |
0001|   Mr. President:
    |
0002|   
    |
0003|     Your CONSERVATION COMMITTEE, to whom has been referred
    |
0004|   
    |
0005|                           SENATE BILL 323
    |
0006|   
    |
0007|   has had it under consideration and reports same with recommendation that
    |
0008|   it DO PASS, and thence referred to the FINANCE COMMITTEE.
    |
0009|   
    |
0010|                              Respectfully submitted,
    |
0011|   
    |
0012|   
    |
0013|   
    |
0014|                              __________________________________
    |
0015|                              TOM R. BENAVIDES, Chairman 
    |
0016|   
    |
0017|   
    |
0018|   
    |
0019|   Adopted_______________________ Not Adopted_______________________
    |
0020|             (Chief Clerk)                          (Chief Clerk)
    |
0021|   
    |
0022|   
    |
0023|                     Date ________________________
    |
0024|   
    |
0025|   
    |
0001|   The roll call vote was  5  For  0  Against
    |
0002|   Yes:  5
    |
0003|   No:        0
    |
0004|   Excused:   Rutherford, Tsosie, Vernon, Wray
    |
0005|   Absent:    0
    |
0006|   
    |
0007|   
    |
0008|   S0323CO1
    |
0009|   
    |
0010|   
    |