0001| HOUSE BILL 313
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| PAULINE K. GUBBELS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO WATER; ENACTING THE WATER CONSERVATION ACT;
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0012| REQUIRING THE STATE ENGINEER TO INCORPORATE WATER CONSERVATION
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0013| INTO THE EVALUATION OF WATER RIGHT APPLICATIONS, BENEFICIAL
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0014| USE, WATER PLANNING AND GRANTS OF MONEY, LOANS, PERMITS AND
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0015| LICENSES; PROVIDING FOR WATER CONSERVATION EDUCATION.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0019| through 6 of this act may be cited as the "Water Conservation
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0020| Act".
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0021| Section 2. [NEW MATERIAL] FINDINGS.--The legislature
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0022| finds that:
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0023| A. water is a limited and essential resource that
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0024| must be conserved;
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0025| B. growth, development and changing public needs
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0001| are increasing demand for water and reducing available
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0002| supplies and conservation can provide for these needs with
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0003| existing water supplies;
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0004| C. existing and new water uses should be
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0005| efficient;
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0006| D. New Mexico is subject to periodic drought; and
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0007| E. every water user in the state has a duty to
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0008| conserve water.
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0009| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0010| Water Conservation Act:
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0011| A. "conserved water" means water no longer
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0012| consumptively used due to water conservation;
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0013| B. "consumptive use" means, for irrigated
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0014| agriculture, the consumptive irrigation requirement pursuant
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0015| to Chapter 72, Article 15 NMSA 1978; for other uses,
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0016| "consumptive use" means that part of a water withdrawal from a
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0017| surface or ground water source that is evaporated, transpired
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0018| or consumed and is not considered a waste of water; and
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0019| C. "water conservation" means an action or use of
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0020| a technology that reduces the amount of water withdrawn from a
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0021| water source, reduces consumptive use, reduces the loss or
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0022| waste of water, improves efficiency of water use, increases
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0023| recycling and reuse of water or prevents the pollution of
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0024| water.
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0025| Section 4. [NEW MATERIAL] WATER CONSERVATION
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0001| GUIDELINES--STATE ENGINEER--POWERS AND DUTIES.--
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0002| A. The state engineer shall develop guidelines and
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0003| rules for water conservation and water conservation programs
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0004| and shall use water conservation as a criterion for approval
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0005| of applications to change point of diversion, place or purpose
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0006| of use or new appropriations of water.
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0007| B. The state engineer may approve the transfer of
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0008| conserved water to another point of diversion, place or
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0009| purpose of use pursuant to Chapter 72 NMSA 1978 if approval of
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0010| the transfer does not increase consumptive use.
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0011| C. A water right owner may place and remove
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0012| conserved water in a water conservation program approved by
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0013| the state engineer without forfeiting or losing the water
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0014| right.
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0015| Section 5. [NEW MATERIAL] WATER USE
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0016| PLANNING.--Regional water plans and water use planning shall
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0017| include water conservation as an alternative to increased use
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0018| of existing supplies or development of new supplies of water
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0019| and shall maximize the use of water conservation to meet
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0020| future increased water demands. The interstate stream
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0021| commission shall approve no grant for water planning without
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0022| adequate assurances that water conservation is a priority
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0023| objective of the planning process.
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0024| Section 6. [NEW MATERIAL] PUBLIC AWARENESS--EDUCATION
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0025| PROGRAM.--The state engineer in cooperation with the
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0001| interstate stream commission shall develop a public education
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0002| program to improve awareness about and encourage adoption of
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0003| water conservation measures. The public awareness program
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0004| shall include support of:
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0005| A. research and demonstration projects to
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0006| determine the most efficient water use technology and
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0007| measures; and
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0008| B. development of water conservation measures by
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0009| state agencies, political subdivisions and the private sector.
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0010| Section 7. Section 72-5-28 NMSA 1978 (being Laws 1907,
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0011| Chapter 49, Section 42, as amended) is amended to read:
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0012| "72-5-28. FAILURE TO USE WATER--FORFEITURE.--
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0013| A. When the party entitled to the use of water
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0014| fails to beneficially use all or any part of the water claimed
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0015| by him, for which a right of use has vested for the purpose
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0016| for which it was appropriated or adjudicated, except the
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0017| waters for storage reservoirs, for a period of four years,
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0018| such unused water shall, if the failure to beneficially use
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0019| the water persists one year after notice and declaration of
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0020| nonuser given by the state engineer, revert to the public and
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0021| shall be regarded as unappropriated public water; provided,
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0022| however, that forfeiture shall not necessarily occur if
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0023| circumstances beyond the control of the owner have caused
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0024| nonuse, such that the water could not be placed to beneficial
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0025| use by diligent efforts of the owner; and provided that
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0001| periods of nonuse when irrigated farm lands are placed under
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0002| the acreage reserve program or conservation reserve program
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0003| provided by the [Food Security Act of 1985, P.L. 99-198]
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0004| federal Agricultural Improvement and Reform Act shall not be
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0005| computed as part of the four-year forfeiture period; and
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0006| provided, further, that the condition of notice and
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0007| declaration of nonuser shall not apply to water which has
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0008| reverted to the public by operation of law prior to June 1,
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0009| 1965.
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0010| B. Upon application to the state engineer at any
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0011| time and a proper showing of reasonable cause for delay or for
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0012| nonuse or upon the state engineer finding that it is in the
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0013| public interest, the state engineer may grant extensions of
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0014| time, for a period not to exceed three years for each
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0015| extension, in which to apply to beneficial use the water for
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0016| which a permit to appropriate has been issued or a water right
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0017| has vested, was appropriated or has been adjudicated.
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0018| C. Periods of nonuse when water rights are
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0019| acquired by incorporated municipalities or counties for
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0020| implementation of their water development plans or for
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0021| preservation of municipal or county water supplies shall not
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0022| be computed as part of the four-year forfeiture statute.
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0023| D. A lawful exemption from the requirements of
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0024| beneficial use, either by an extension of time or other
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0025| statutory exemption, stops the running of the four-year period
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0001| for the period of the exemption, and the period of exemption
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0002| shall not be included in computing the four-year period.
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0003| E. Periods of nonuse when the nonuser of acquired
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0004| water rights is on active duty as a member of the armed forces
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0005| of this country shall not be included in computing the four-
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0006| year period.
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0007| F. The owner or holder of a valid water right or
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0008| permit to appropriate waters for agricultural purposes
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0009| appurtenant to designated or specified lands may apply the
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0010| full amount of water covered by or included in the water right
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0011| or permit to any part of [such] the designated or
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0012| specified tract without penalty or forfeiture.
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0013| G. Periods of nonuse when water rights are
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0014| acquired and placed in a water conservation program, which has
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0015| been approved by the state engineer, by a water right owner,
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0016| a conservancy district organized pursuant to Chapter 73,
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0017| Articles 14 through 19 NMSA 1978, [or] an acequia or
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0018| community ditch association organized pursuant to Chapter 73,
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0019| Article 2 NMSA 1978 or the interstate stream commission shall
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0020| not be computed as part of the four-year forfeiture period.
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0021| Placement of claimed water rights in a water conservation
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0022| program is not evidence of the validity of the water right."
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0023| Section 8. Section 72-12-8 NMSA 1978 (being Laws 1931,
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0024| Chapter 131, Section 8, as amended) is amended to read:
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0025| "72-12-8. WATER RIGHT FORFEITURE.--
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0001| A. When for a period of four years the owner of a
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0002| water right in any of the waters described in Sections 72-12-1
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0003| through 72-12-28 NMSA 1978 or the holder of a permit from the
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0004| state engineer to appropriate any such waters has failed to
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0005| apply them to the use for which the permit was granted or the
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0006| right has vested, was appropriated or has been adjudicated,
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0007| the water rights shall be, if the failure to beneficially use
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0008| the water persists one year after notice and declaration of
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0009| nonuser given by the state engineer, forfeited and the water
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0010| so unused shall revert to the public and be subject to further
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0011| appropriation; provided that the condition of notice and
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0012| declaration of nonuser shall not apply to water which has
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0013| reverted to the public by operation of law prior to June l,
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0014| l965.
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0015| B. Upon application to the state engineer at any
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0016| time and a proper showing of reasonable cause for delay or for
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0017| nonuse or upon the state engineer finding that it is in the
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0018| public interest, the state engineer may grant extensions of
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0019| time, for a period not to exceed three years for each
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0020| extension, in which to apply to beneficial use the water for
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0021| which a permit to appropriate has been issued or a water right
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0022| has vested, was appropriated or has been adjudicated.
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0023| C. Periods of nonuse when irrigated farm lands are
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0024| placed under the acreage reserve program or conservation
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0025| reserve program provided by the [Food Security Act of l985,
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P.L. 99-l98] federal Agricultural Improvement and Reform Act
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0002| shall not be computed as part of the four-year forfeiture
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0003| period.
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0004| D. Periods of nonuse when water rights are
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0005| acquired and placed in a state engineer-approved water
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0006| conservation program by a water right owner, an artesian
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0007| conservancy district, conservancy district, an acequia or
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0008| community ditch association organized pursuant to Chapter 73,
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0009| Article 2 or 3 NMSA 1978, an irrigation district organized
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0010| pursuant to Chapter 73, Articles 9 through 13 NMSA 1978 or the
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0011| interstate stream commission shall not be computed as part of
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0012| the four-year forfeiture statute. Placement of claimed water
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0013| rights in a water conservation program is not evidence of the
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0014| validity of the water right.
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0015| E. A lawful exemption from the requirements of
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0016| beneficial use, either by an extension of time or other
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0017| statutory exemption, stops the running of the four-year period
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0018| for the period of the exemption, and the period of exemption
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0019| shall not be included in computing the four-year period.
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0020| F. Periods of nonuse when water rights are
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0021| acquired by incorporated municipalities or counties for
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0022| implementation of their water development plans or for
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0023| preservation of municipal or county water supplies shall not
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0024| be computed as part of the four-year forfeiture statute.
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0025| G. Periods of nonuse when the nonuser of acquired
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0001| water rights is on active duty as a member of the armed forces
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0002| of this country shall not be included in computing the four-
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0003| year period.
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0004| H. The owner or holder of a valid water right or
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0005| permit to appropriate waters for agricultural purposes
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0006| appurtenant to designated or specified lands may apply the
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0007| full amount of water covered by or included in that water
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0008| right or permit to any part of the designated or specified
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0009| tract without penalty or forfeiture."
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0010| Section 9. Section 72-14-44 NMSA 1978 (being Laws 1987,
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0011| Chapter 182, Section 2) is amended to read:
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0012| "72-14-44. INTERSTATE STREAM COMMISSION--GROUNDWATER
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0013| APPROPRIATION--WATER RIGHTS PURCHASE--WATER PLANNING FUNDING.--
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0014| A. The interstate stream commission is authorized
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0015| to appropriate groundwater or purchase water rights on behalf
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0016| of any of the various regions of the state.
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0017| B. Nothing in this section shall be construed as
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0018| permitting the condemnation of water rights or as determining,
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0019| abridging or affecting in any way the water rights of Indian
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0020| nations, tribes or pueblos.
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0021| C. The interstate stream commission [is authorized
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to] may make grants or loans of funds for the purpose of
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0023| regional water planning. Prior to approval of any proposal by
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0024| a region for planning funds under this section, the commission
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0025| shall develop criteria for evaluating such proposals. These
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0001| criteria at a minimum shall provide for:
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0002| (1) identification of the region requesting
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0003| planning funds and why it is hydrologically and politically an
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0004| appropriate applicant;
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0005| (2) use of an appropriate planning process,
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0006| including opportunities for participation by those Indian
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0007| nations, tribes or pueblos located within the various
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0008| regions of the state;
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0009| (3) reasonable proposed costs and timetables
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0010| for completion of the planning process;
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0011| (4) appropriate provisions for notice, review
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0012| and comment where applicable;
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0013| (5) adequate review of potential conflict with
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0014| laws relating to impact on existing water rights;
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0015| (6) adequate review of water conservation and
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0016| the effect on the public welfare; [and]
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0017| (7) evidence of official policy by water
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0018| planning entities to implement water conservation measures;
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0019| and
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0020| [(7)] (8) identification of sources other
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0021| than the interstate stream commission for funding of the
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0022| proposed regional planning process.
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0023| D. A water planning region eligible for funding
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0024| under this section is an area within the state that contains
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0025| sufficient hydrological and political interests in common to
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0001| make water planning feasible. The state as a whole shall not
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0002| be considered a water planning region for purposes of this
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0003| section.
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0004| E. No entity shall be made a part of a proposal for
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0005| planning funds under this section without its consent.
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0006| F. No funds shall be granted under this [act]
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0007| section to any party [or parties] that [are] is not
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0008| within a water planning region. Whether a proposal for funding
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0009| falls within a water planning region shall be determined on a
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0010| case-by-case basis by the interstate stream commission after
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0011| consultation with the state engineer and consideration of the
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0012| following:
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0013| (1) whether the source of water and the
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0014| potential place of use of the water are located within the same
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0015| hydrologic basin; and
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0016| (2) if there is more than one party and the
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0017| parties are requesting funds on a joint basis, whether the
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0018| parties have demonstrated political and economic interests in
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0019| common by entering into a binding intergovernmental agreement
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0020| for carrying out the planning process."
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0021|
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