0001|                            HOUSE BILL 460
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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|                             JOE M. STELL
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0005|     
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0006|                                   
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0007|     
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0008|       FOR THE WATER, UTILITIES AND NATURAL RESOURCES COMMITTEE
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO THE FORFEITURE OF WATER RIGHTS; AMENDING CERTAIN
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0012|     SECTIONS OF THE NMSA 1978 PERTAINING TO WATER CONSERVATION
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0013|     PROGRAMS.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 72-5-28 NMSA 1978 (being Laws 1907,
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0017|     Chapter 49, Section 42, as amended) is amended to read:
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0018|          "72-5-28.  FAILURE TO USE WATER--FORFEITURE.--
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0019|               A.  When the party entitled to the use of water
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0020|     fails to beneficially use all or any part of the water claimed
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0021|     by him, for which a right of use has vested for the purpose
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0022|     for which it was appropriated or adjudicated, except the
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0023|     waters for storage reservoirs, for a period of four years,
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0024|     such unused water shall, if the failure to beneficially use
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0025|     the water persists one year after notice and declaration of
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0001|     nonuser given by the state engineer, revert to the public and
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0002|     shall be regarded as unappropriated public water; provided,
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0003|     however, that forfeiture shall not necessarily occur if
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0004|     circumstances beyond the control of the owner have caused
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0005|     nonuse, such that the water could not be placed to beneficial
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0006|     use by diligent efforts of the owner; and provided that
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0007|     periods of nonuse when irrigated farm lands are placed under
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0008|     the acreage reserve program or conservation reserve program
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0009|     provided by the Food Security Act of 1985, P.L. 99-198 shall
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0010|     not be computed as part of the four-year forfeiture period;
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0011|     and provided, further, 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 1,
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0014|     1965.
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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 water rights are
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0024|     acquired by incorporated municipalities or counties for
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0025|     implementation of their water development plans or for
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0001|     preservation of municipal or county water supplies shall not
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0002|     be computed as part of the four-year forfeiture statute.
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0003|               D.  A lawful exemption from the requirements of
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0004|     beneficial use, either by an extension of time or other
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0005|     statutory exemption, stops the running of the four-year period
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0006|     for the period of the exemption, and the period of exemption
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0007|     shall not be included in computing the four-year period.
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0008|               E.  Periods of nonuse when the nonuser of acquired
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0009|     water rights is on active duty as a member of the armed forces
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0010|     of this country shall not be included in computing the four-
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0011|     year period.
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0012|               F.  The owner or holder of a valid water right or
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0013|     permit to appropriate waters for agricultural purposes
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0014|     appurtenant to designated or specified lands may apply the
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0015|     full amount of water covered by or included in the water right
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0016|     or permit to any part of <s>[such]</s> <u>the</u> designated or
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0017|     specified tract without penalty or forfeiture.
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0018|               G.  Periods of nonuse when water rights are
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0019|     acquired and placed in a state engineer-approved water
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0020|     conservation program, by a conservancy district organized
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0021|     pursuant to Chapter 73, Articles 14 through 19 NMSA 1978, <u>a
</u>    |
<u></u>0022| <u>    soil and water conservation district organized pursuant to
</u>    |
<u></u>0023| <u>    Chapter 73, Article 20 NMSA 1978</u>, an acequia or community
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0024|     ditch association organized pursuant to Chapter 73, Article 2
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0025|     or 3 NMSA 1978, an irrigation district organized pursuant to
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0001|     Chapter 73, Articles 9 through 13 NMSA 1978 or the interstate
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0002|     stream commission shall not be computed as part of the four-
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0003|     year forfeiture period."
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0004|          Section 2.  Section 72-12-8 NMSA 1978 (being Laws 1931,
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0005|     Chapter 131, Section 8, as amended) is amended to read:
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0006|          "72-12-8.  WATER RIGHT FORFEITURE.--
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0007|               A.  When for a period of four years the owner of a
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0008|     water right in any of the waters described in Sections 72-12-1
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0009|     through 72-12-28 NMSA 1978 or the holder of a permit from the
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0010|     state engineer to appropriate any such waters has failed to
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0011|     apply them to the use for which the permit was granted or the
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0012|     right has vested, was appropriated or has been adjudicated,
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0013|     the water rights shall be, if the failure to beneficially use
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0014|     the water persists one year after notice and declaration of
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0015|     nonuser given by the state engineer, forfeited and the water
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0016|     so unused shall revert to the public and be subject to further
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0017|     appropriation; provided that the condition of notice and
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0018|     declaration of nonuser shall not apply to water which has
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0019|     reverted to the public by operation of law prior to June l,
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0020|     l965.
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0021|               B.  Upon application to the state engineer at any
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0022|     time and a proper showing of reasonable cause for delay or for
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0023|     nonuse or upon the state engineer finding that it is in the
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0024|     public interest, the state engineer may grant extensions of
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0025|     time, for a period not to exceed three years for each
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0001|     extension, in which to apply to beneficial use the water for
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0002|     which a permit to appropriate has been issued or a water right
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0003|     has vested, was appropriated or has been adjudicated.
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0004|               C.  Periods of nonuse when irrigated farm lands are
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0005|     placed under the acreage reserve program or conservation
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0006|     reserve program provided by the Food Security Act of l985,
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0007|     P.L. 99-l98 shall not be computed as part of the four-year
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0008|     forfeiture period.
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0009|               D.  Periods of nonuse when water rights are
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0010|     acquired and placed in a state engineer-approved water
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0011|     conservation program by an artesian conservancy district,
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0012|     conservancy district, <u>a soil and water conservation district
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<u></u>0013| <u>    organized pursuant to Chapter 73, Article 20 NMSA 1978</u>, an
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0014|     acequia or community ditch association organized pursuant to
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0015|     Chapter 73, Article 2 or 3 NMSA 1978, an irrigation district
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0016|     organized pursuant to Chapter 73, Articles 9 through 13 NMSA
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0017|     1978 or the interstate stream commission shall not be computed
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0018|     as part of the four-year forfeiture statute.
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0019|               E.  A lawful exemption from the requirements of
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0020|     beneficial use, either by an extension of time or other
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0021|     statutory exemption, stops the running of the four-year period
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0022|     for the period of the exemption, and the period of exemption
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0023|     shall not be included in computing the four-year period.
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0024|               F.  Periods of nonuse when water rights are
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0025|     acquired by incorporated municipalities or counties for
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0001|     implementation of their water development plans or for
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0002|     preservation of municipal or county water supplies shall not
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0003|     be computed as part of the four-year forfeiture statute.
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0004|               G.  Periods of nonuse when the nonuser of acquired
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0005|     water rights is on active duty as a member of the armed forces
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0006|     of this country shall not be included in computing the four-
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0007|     year period.
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0008|               H.  The owner or holder of a valid water right or
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0009|     permit to appropriate waters for agricultural purposes
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0010|     appurtenant to designated or specified lands may apply the
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0011|     full amount of water covered by or included in that water
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0012|     right or permit to any part of the designated or specified
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0013|     tract without penalty or forfeiture."
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0014|                                  
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