44th legislature - STATE OF NEW MEXICO - first session, 1999

RELATING TO WATER; EXTENDING THE TERM OF A LEASE; PROVIDING A FORTY-YEAR WATER USE PLANNING PERIOD TO A WATER USE LEASED BY MUNICIPALITIES, COUNTIES, STATE UNIVERSITIES AND PUBLIC UTILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 72-6-3 NMSA 1978 (being Laws 1967, Chapter 100, Section 3) is amended to read:

"72-6-3. OWNER MAY LEASE USE OF WATER.--

A. Any owner may lease to any person all or any part of the water use due him under his water right, and the owner's water right shall not be affected by the lease of [such] the use. The use to which the owner is entitled under his right shall, during the term of the lease, be reduced by the amount of water so leased. Upon termination of [such] the lease, the water use and location of use subject to the lease shall revert to the owner's original use and location of use.

B. The lease may be effective for immediate use of water or may be effective for future use of the water covered by the lease; however, the lease shall not be effective to cumulate water from year to year or to substantially enlarge the use of the water in such manner that it would injure other water users. The lease shall not toll any forfeiture of water rights for nonuse, and the owner shall not, by reason of the lease, escape the forfeiture for nonuse prescribed by law; provided, however, that the state engineer shall notify both the owner and the lessee of declaration of nonuser as provided in Sections [75-5-26 and 75-11-8 New Mexico Statutes Annotated, 1953 Compilation] 72-5-28 and 72-12-8 NMSA 1978. The initial or any renewal term of a lease of water use shall not exceed [ten] forty years.

C. A water use leased by municipalities, counties, state universities and public utilities supplying water to municipalities or counties shall be entitled to the protection of the forty-year water use planning period as provided in Section 72-1-9 NMSA 1978."