0001| SENATE BILL 178 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MICHAEL S. SANCHEZ | 0005| | 0006| | 0007| | 0008| FOR THE INTEGRATED WATER AND RESOURCE PLANNING COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO WATER; AMENDING SECTION 73-2-41 NMSA 1978 (BEING | 0012| LAWS 1860-1861, P. 24, SECTION 2, AS AMENDED). | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 73-2-41 NMSA 1978 (being Laws 1860- | 0016| 1861, p. 24, Section 2, as amended) is amended to read: | 0017| "73-2-41. RIGHTS IN GOVERNMENT OF DITCH--DIVISION OF | 0018| WATER.--[SEC. 116. The different communities of Indians | 0019| residing within the state of New Mexico shall be subject to | 0020| render their services in working the acequias, within the | 0021| limits of their respective reservations in which they may have | 0022| a common interest with the citizens who live within their | 0023| respective reservations, and they shall enjoy at the same time | 0024| the same benefit and rights of commercial traffic; provided | 0025| that said Indians shall have no right to participate in the | 0001| nominations and election of acequia overseers or acequia or | 0002| water | 0003| commissioners in any ditch, whether within or without their | 0004| reservations, except in acequias constructed entirely by | 0005| themselves, unless they have paid their proportionate share of | 0006| the whole cost of the construction of such acequia and unless | 0007| the lands sought to be voted by said Indians have been duly | 0008| returned for taxation in accordance with law and state and | 0009| county taxes paid thereon.] In all cases in which citizens | 0010| living within the limits of [such] communities or pueblos of | 0011| Indians [shall] have acquired water rights by purchase of | 0012| land from [said] the Indians, the distribution of [such] | 0013| the water between the Indians and the [said] citizens shall | 0014| be agreed upon, based upon the customs heretofore practiced and | 0015| recognized between the [said] Indians and [said] the | 0016| citizens, by and between the governor of the community or | 0017| pueblo and the commissioners of [such] acequias in which the | 0018| [said] citizens may have acquired any [such] rights | 0019| [and]. The governors of [such] communities or pueblos of | 0020| Indians and the [said] river or acequia commissioners shall | 0021| also regulate the amount and manner of work to be done by the | 0022| Indians and citizens in all [such] acequias in which [all] | 0023| the citizens and Indians have water rights in accordance with | 0024| such customs." | 0025| - 2 - | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| March 4, 1997 | 0007| | 0008| Mr. President: | 0009| | 0010| Your CONSERVATION COMMITTEE, to whom has been referred | 0011| | 0012| SENATE BILL 178 | 0013| | 0014| has had it under consideration and reports same with | 0015| recommendation that it DO NOT PASS, but that | 0016| | 0017| SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR | 0018| SENATE BILL 178 | 0019| | 0020| DO PASS, and thence referred to the INDIAN AND CULTURAL | 0021| AFFAIRS COMMITTEE. | 0022| | 0023| Respectfully submitted, | 0024| | 0025| | 0001| | 0002| __________________________________ | 0003| Michael S. Sanchez, Chairman | 0004| | 0005| | 0006| Adopted_______________________ Not Adopted_______________________ | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| Date ________________________ | 0010| | 0011| | 0012| The roll call vote was 8 For 0 Against | 0013| Yes: 8 | 0014| No: None | 0015| Excused: Griego, Macias | 0016| Absent: None | 0017| | 0018| S0178C01 SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR | 0019| SENATE BILL 178 | 0020| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| AN ACT | 0004| RELATING TO WATER; AMENDING SECTION 73-2-41 NMSA 1978 (BEING | 0005| LAWS 1860-1861, P. 24, SECTION 2, AS AMENDED). | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 73-2-41 NMSA 1978 (being Laws 1860- | 0009| 1861, p. 24, Section 2, as amended) is amended to read: | 0010| "73-2-41. INDIANS--RIGHTS AND DUTIES.--[SEC. 116.] The | 0011| different [communities of] Indians residing within the state | 0012| [of New Mexico] shall be subject to render [their] the | 0013| same services as non-Indians in working the acequias, within | 0014| the limits of their respective reservations in which they may | 0015| have a common interest with the [citizens] non-Indians who | 0016| live [within] outside their respective reservations, and | 0017| they shall enjoy at the same time the same benefit and rights | 0018| of commercial traffic; provided that [said] the Indians | 0019| shall have no right to participate in the nominations and | 0020| election of acequia [overseers] mayordomos or | 0021| superintendents or acequia or water commissioners in any | 0022| ditch, whether within or without their reservations, except in | 0023| acequias constructed entirely by themselves, unless they have | 0024| paid their proportionate share of the whole cost of the | 0025| construction of such acequia and unless the lands sought to be | 0001| voted by [said] the Indians have been duly returned for | 0002| taxation in accordance with law and state and county taxes paid | 0003| thereon. In all cases in which [citizens] non-Indians | 0004| living [within the limits of such communities or pueblos of | 0005| Indians shall] outside the reservation have acquired water | 0006| rights by purchase of land from [said] the Indians, the | 0007| distribution of [such] the water between the Indians and | 0008| the [said citizens] non-Indians shall be agreed upon, based | 0009| upon the customs heretofore practiced and recognized between | 0010| the [said] Indians and [said citizens] the non-Indians, | 0011| by and between the governor of the Indian community or pueblo | 0012| and the commissioners of such acequias in which the [said | 0013| citizens] non-Indians may have acquired any such rights and, | 0014| the governors of such [communities or pueblos of] Indians and | 0015| the [said river or] acequia commissioners shall also regulate | 0016| the amount and manner of work to be done by the Indians and | 0017| [citizens] non-Indians in all such acequias in which all | 0018| have water rights in accordance with such customs." | 0019|  | 0020| | 0021| FORTY-THIRD LEGISLATURE | 0022| FIRST SESSION, 1997 | 0023| | 0024| | 0025| March 13, 1997 | 0001| | 0002| Mr. President: | 0003| | 0004| Your INDIAN & CULTURAL AFFAIRS COMMITTEE, to whom has | 0005| been referred | 0006| | 0007| SENATE CONSERVATION SUBSTITUTE FOR | 0008| SENATE BILL 178 | 0009| | 0010| has had it under consideration and reports same with recommendation | 0011| that it DO PASS. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| __________________________________ | 0018| John Pinto, Chairman | 0019| | 0020| | 0021| | 0022| Adopted_______________________ Not Adopted_______________________ | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| | 0001| | 0002| Date ________________________ | 0003| | 0004| | 0005| The roll call vote was 5 For 0 Against | 0006| Yes: 5 | 0007| No: 0 | 0008| Excused: Carraro, Davis, Kysar, Rawson | 0009| Absent: None | 0010| | 0011| | 0012| S0178IC1 | 0013| State of New Mexico | 0014| House of Representatives | 0015| | 0016| FORTY-THIRD LEGISLATURE | 0017| FIRST SESSION, 1997 | 0018| | 0019| | 0020| March 21, 1997 | 0021| | 0022| | 0023| Mr. Speaker: | 0024| | 0025| Your JUDICIARY COMMITTEE, to whom has been referred | 0001| | 0002| SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR | 0003| SENATE BILL 178 | 0004| | 0005| has had it under consideration and reports same with | 0006| recommendation that it DO PASS. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| Thomas P. Foy, Chairman | 0014| | 0015| | 0016| Adopted Not Adopted | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| Date | 0020| | 0021| The roll call vote was 7 For 0 Against | 0022| Yes: 7 | 0023| Excused: Alwin, Foy, Luna, Rios, Sanchez, Vaughn | 0024| Absent: None | 0025| | 0001| | 0002| G:\BILLTEXT\BILLW_97\S0178 |