0001|                       HOUSE JOINT MEMORIAL 65
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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|                           STEVEN E. PEARCE
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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 LEGISLATURE OF TEXAS TO REGULATE GROUNDWATER
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0012|     PUMPING IN THAT STATE ADJACENT TO LEA COUNTY, NEW MEXICO AND
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0013|     DIRECTING THE NEW MEXICO INTERSTATE STREAM COMMISSION TO SEEK
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0014|     AN EQUITABLE DISTRIBUTION OF THE SHARED GROUNDWATER OGALLALA
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0015|     AQUIFER BETWEEN NEW MEXICO AND TEXAS.
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0016|     
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0017|          WHEREAS, the Ogallala aquifer is the sole source of water
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0018|     for municipal, agricultural, industrial and domestic uses in
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0019|     most of Lea county, New Mexico; and 
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0020|          WHEREAS, New Mexico controls groundwater withdrawals to
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0021|     protect existing water rights and provide for continued use of
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0022|     the groundwater resources over time; and 
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0023|          WHEREAS, neither Texas nor any other local or regional
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0024|     authority regulates groundwater pumping in Gaines county,
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0025|     Texas, adjacent to Lea county, New Mexico; and 
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0001|          WHEREAS, unlimited and uncontrolled groundwater pumping
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0002|     in Texas along the New Mexico state line adjacent to Lea
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0003|     county, New Mexico is rapidly depleting the Ogallala aquifer
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0004|     groundwater shared by New Mexico and Texas; and 
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0005|          WHEREAS, areas of Texas adjacent to Roosevelt and Curry
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0006|     counties, New Mexico, have voluntarily organized, as provided
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0007|     by Texas law, and comprise the high plains underground water
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0008|     conservation district that has effectively and materially
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0009|     reduced the annual depletion of the Ogallala aquifer
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0010|     underlying the district through regulation, education and
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0011|     conservation; and 
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0012|          WHEREAS, in contrast, residents of Texas in and around
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0013|     Gaines county are continuing to pump water from the Ogallala
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0014|     aquifer, which pumping remains unregulated and unconstrained
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0015|     by Texas, depleting the groundwater resources shared with Lea
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0016|     county, New Mexico to the detriment of groundwater right
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0017|     owners in New Mexico; and 
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0018|          WHEREAS, the New Mexico interstate stream commission has
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0019|     met twice recently with its counterparts, the Texas natural
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0020|     resources conservation commission and the Texas water
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0021|     development board, to discuss issues and problems affecting
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0022|     water resources shared by the two states, including the
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0023|     unlimited groundwater pumping in Texas adjacent to Lea county,
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0024|     New Mexico; 
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0025|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0001|     STATE OF NEW MEXICO that the legislature of the state of Texas
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0002|     be respectfully requested to investigate and reply to the
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0003|     legislature of the state of New Mexico regarding the absence
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0004|     of controls and regulation over groundwater pumping in Gaines
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0005|     county, Texas adjacent to the New Mexico state line; and 
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0006|          BE IT FURTHER RESOLVED that the legislature of the state
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0007|     of Texas be requested to consider requiring the same reduction
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0008|     in annual groundwater depletion in Gaines county, Texas,
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0009|     adjacent to the New Mexico state line as has been successfully
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0010|     and voluntarily achieved by the high plains underground water
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0011|     conservation district in Texas; and 
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0012|          BE IT FURTHER RESOLVED that the New Mexico interstate
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0013|     stream commission continue to work over the next year with its
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0014|     counterparts in Texas to reach an amicable resolution to the
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0015|     equitable use by both states of the shared groundwater
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0016|     resource of the Ogallala aquifer along the state border
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0017|     between Lea county, New Mexico and Gaines county, Texas; and 
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0018|          BE IT FURTHER RESOLVED that the New Mexico interstate
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0019|     stream commission report to the appropriate interim
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0020|     legislative committee and to the legislature at its 2000
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0021|     session the efforts that have been made and the progress that
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0022|     has been achieved; and
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0023|          BE IT FURTHER RESOLVED that copies of this memorial be
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0024|     transmitted to the governor of Texas and the leadership of
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0025|     both houses of the Texas legislature, the Texas natural
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0001|     resources conservation commission and the Texas water
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0002|     development board and to the New Mexico interstate stream
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0003|     commission, the New Mexico legislative council and to the
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0004|     board of county commissioners of Lea county, New Mexico.
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0005|                                       
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0006|     
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0007|     
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0008|          
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