0001|                       HOUSE JOINT MEMORIAL 45
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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|                            G. X. McSHERRY
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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|                           A JOINT MEMORIAL
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0011|     REQUESTING THE OFFICE OF THE STATE ENGINEER TO INVOLVE WATER
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0012|     USERS IN THE DEVELOPMENT OF WATER CONSERVATION LEGISLATION FOR
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0013|     THE CONSIDERATION OF THE FORTY-FOURTH LEGISLATURE.
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0014|     
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0015|          WHEREAS, water is an essential but finite resource; and
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0016|          WHEREAS, New Mexico is the third driest state and is
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0017|     subject to periodic droughts, which substantially reduce the
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0018|     available water supply; and
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0019|          WHEREAS, virtually all of New Mexico's renewable water
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0020|     resources are fully appropriated; and
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0021|          WHEREAS, growth, development and changing public needs
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0022|     are increasing water demands and reducing available supplies;
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0023|     and
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0024|          WHEREAS, the unauthorized use of water to which another
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0025|     person is entitled or the willful waste of surface or ground
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0001|     water is unlawful; and
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0002|          WHEREAS, New Mexico law provides that the state engineer
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0003|     may not approve an application to appropriate water or change
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0004|     the purpose or place of use of an existing appropriation if
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0005|     the application is contrary to the conservation of water
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0006|     within the state; and
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0007|          WHEREAS, many water right owners perceive that they must
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0008|     use all their existing water rights to protect them against
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0009|     forfeiture, which constitutes a disincentive for conservation;
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0010|     and
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0011|          WHEREAS, transfer of conserved water to new uses must not
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0012|     increase the total consumptive use of New Mexico's fully
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0013|     appropriated stream systems and ground water aquifers; and
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0014|          WHEREAS, New Mexico has a major interest in the
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0015|     conservation of water and needs to explore the removal of
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0016|     disincentives for water conservation and the creation of
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0017|     incentives; and
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0018|          WHEREAS, existing water rights are private property
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0019|     rights that must be protected; and 
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0020|          WHEREAS, water users in New Mexico have widely varying
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0021|     perspectives and concerns regarding water conservation; and
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0022|          WHEREAS, numerous water conservation approaches and
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0023|     concepts, some of which overlap, some of which are in conflict
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0024|     and some of which would increase consumptive water use to the
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0025|     injury of existing water right owners and the state, have been
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0001|     submitted as legislative bills for the consideration of the
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0002|     legislature; and 
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0003|          WHEREAS, the state engineer has drafted water
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0004|     conservation legislation that would affect New Mexico water
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0005|     users; and
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0006|          WHEREAS, the state engineer has announced that his office
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0007|     will conduct discussions over the next year with New Mexico
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0008|     water users to see that their perspectives and concerns
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0009|     regarding water conservation are given full consideration for
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0010|     possible inclusion in water conservation legislation;
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0011|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0012|     STATE OF NEW MEXICO that the office of the state engineer form
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0013|     an advisory committee representing the diverse water uses and
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0014|     perspectives regarding water conservation in New Mexico to
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0015|     develop water conservation legislation, giving full
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0016|     consideration to the recommendations of the advisory
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0017|     committee; and
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0018|          BE IT FURTHER RESOLVED that the office of the state
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0019|     engineer prepare a single consolidated conservation bill,
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0020|     rather than numerous and overlapping or conflicting or
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0021|     technically harmful bills, and present the bill by August 1998
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0022|     to the appropriate legislative interim committee with
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0023|     jurisdiction over water issues; and 
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0024|          BE IT FURTHER RESOLVED that a copy of this memorial be
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0025|     transmitted to the state engineer.
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