SENATE BILL 479

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO WATER; REQUIRING SUBDIVIDERS TO PROVE ADEQUATE WATER SUPPLIES ON LAND FROM WHICH WATER RIGHTS HAVE BEEN SEVERED BEFORE FINAL PLAT APPROVAL OF A PROPOSED SUBDIVISION; DECLARING AN EMERGENCY.

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

     SECTION 1. A new section of Chapter 3, Article 20 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PLAT APPROVAL--PROOF OF ADEQUATE WATER SUPPLY ON LANDS FROM WHICH RIGHTS HAVE BEEN SEVERED.--Before approving the final plat for a subdivision of land from which the water rights attached to the land have been severed, the appropriate approval authority shall require that the subdivider acquire sufficient water rights through a permit issued pursuant to Section 72-5-1, 72-5-23 or 72-5-24 NMSA 1978, or if the subdivision is located within a declared underground water basin, provide a copy of a permit obtained from the state engineer issued pursuant to those sections, or to Section 72-12-3 or 72-12-7 NMSA 1978, for subdivision water use. In acting on the permit application, the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. A final plat shall not be approved unless the state engineer has so issued a permit for the subdivision water use. The state engineer shall not approve an application based on the use of water from any permit issued pursuant to Section 72-12-1.1 NMSA 1978."

     SECTION 2. A new section of the New Mexico Subdivision Act is enacted to read:

     "[NEW MATERIAL] PLAT APPROVAL--PROOF OF ADEQUATE WATER SUPPLY ON LANDS FROM WHICH RIGHTS HAVE BEEN SEVERED.--Before approving the final plat for a subdivision of land from which the water rights attached to the land have been severed, the board of county commissioners shall require that the subdivider acquire sufficient water rights through a permit issued pursuant to Section 72-5-1, 72-5-23 or 72-5-24 NMSA 1978, or if the subdivision is located within a declared underground water basin, provide a copy of a permit obtained from the state engineer issued pursuant to those sections, or to Section 72-12-3 or 72-12-7 NMSA 1978, for subdivision water use. In acting on the permit application, the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. The board of county commissioners shall not approve the final plat unless the state engineer has so issued a permit for the subdivision water use. The state engineer shall not approve an application based on the use of water from any permit issued pursuant to Section 72-12-1.1 NMSA 1978."

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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