44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE LEGISLATIVE FINANCE COMMITTEE TO INVESTIGATE AND REPORT ON THE NECESSITY, PRACTICABILITY AND APPROPRIATE STRATEGY FOR CREATING A TRUST FUND TO SUPPORT NEGOTIATION AND SETTLEMENT OF INDIAN WATER RIGHTS CLAIMS IN NEW MEXICO.

WHEREAS, the state of New Mexico is home to many Indian pueblos and tribes, with substantial Indian populations; and

WHEREAS, many of these Indian pueblos and tribes have made, and others will make, claims of rights to the use of waters in New Mexico rivers and river basins; and

WHEREAS, the judicial adjudication of the water rights claims that have been heard to date has been a decades-long and highly expensive process for the state and all concerned litigants; and

WHEREAS, the state of New Mexico desires to negotiate and settle as many Indian water rights claims as possible, and thus avoid the uncertainty, delay and expense of further judicial proceedings; and

WHEREAS, the governor and attorney general of New Mexico have agreed with the governors of the nineteen pueblos located within New Mexico and the presidents of the Jicarilla and Mescalero Apache tribes and the Navajo nation, in a statement of principles and policy dated July 8, 1996, that issues of mutual concern to their respective governments, including Indian water rights claims, shall be addressed through structured negotiations; and

WHEREAS, the above policy of negotiation and settlement of Indian water rights claims will be strengthened by a formal expression of the legislature's concurrence in and support for that policy; and

WHEREAS, the state and its citizens have a strong interest in the successful negotiation and settlement of these Indian water rights claims outside the judicial process; and

WHEREAS, the state must be prepared to commit resources as a serious partner in any such negotiations;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that it provide for such planning and resource availability as will enable it, as a serious negotiating partner, to practicably move forward with the negotiation and settlement of Indian water rights claims in New Mexico; and

BE IT FURTHER RESOLVED that the legislative finance committee be requested to investigate and report to the legislature on the necessity, practicability and most appropriate strategy for implementing and funding an Indian water rights trust fund for the settlement of Indian water rights claims in New Mexico.