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SENATE JOINT MEMORIAL 8

TH LEGISLATURE

- STATE OF NEW MEXICO -

SECOND SESSION

, 2008

INTRODUCED BY

Mary Kay Papen

FOR THE WATER AND NATURAL RESOURCES COMMITTEE

A JOINT MEMORIAL

REQUESTING THE OFFICE OF THE STATE ENGINEER AND THE

ADMINISTRATIVE OFFICE OF THE COURTS TO CONTINUE TO EXPLORE WAYS

TO IMPROVE AND EXPEDITE THE WATER RIGHTS ADJUDICATION PROCESS.

WHEREAS, significant money has been appropriated for the

adjudication of water rights; and

WHEREAS, water rights are a form of property right and the

determination of the elements of water rights through water

rights adjudications promotes an efficient market for such

rights; and

WHEREAS, the determination of the elements of water rights

through water rights adjudications also promotes other policy

goals, including the ability of the state engineer to supervise

the apportionment of the state's waters, conservation and

compliance with compacts and the federal Endangered Species Act

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.170766.1

of 1973; and

WHEREAS, water rights adjudications involve thousands of

water rights claimants and are consequently complex, expensive

and divisive; and

WHEREAS, the office of the state engineer and the

administrative office of the courts have been exploring ideas

for improving the water rights adjudication process;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE

STATE OF NEW MEXICO that the office of the state engineer and

the administrative office of the courts be requested to

continue to explore ways to improve and expedite the water

rights adjudication process; and

BE IT FURTHER RESOLVED that the office of the state

engineer and the administrative office of the courts report

their progress to the appropriate committee of the legislature

by December 1, 2008; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the state engineer and the chief justice of the

state supreme court.

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