0001|                         HOUSE BILL 437
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                         G.X. MCSHERRY
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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|     
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0011|                             AN ACT
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0012|     RELATING TO THE FORFEITURE OF WATER RIGHTS; AMENDING SECTIONS OF
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0013|     THE NMSA 1978 PERTAINING TO EXTENSIONS OF TIME IN WHICH TO APPLY
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0014|     BENEFICIAL USE.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|       Section 1.  Section 72-5-28 NMSA 1978 (being Laws 1907,
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0018|     Chapter 49, Section 42, as amended) is amended to read:
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0019|       "72-5-28.  FAILURE TO USE WATER--FORFEITURE.--
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0020|            A.  When the party entitled to the use of water fails
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0021|     to beneficially use all or any part of the water claimed by him,
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0022|     for which a right of use has vested for the purpose for which it
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0023|     was appropriated or adjudicated, except the waters for storage
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0024|     reservoirs, for a period of four years, such unused water shall,
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0025|     if the failure to beneficially use the water persists one year
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0001|     after notice and declaration of nonuser given by the state
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0002|     engineer, revert to the public and shall be regarded as
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0003|     unappropriated public water; provided, however, that forfeiture
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0004|     shall not necessarily occur if circumstances beyond the control
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0005|     of the owner have caused nonuse, such that the water could not
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0006|     be placed to beneficial use by diligent efforts of the owner;
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0007|     and provided that periods of nonuse, when irrigated farm lands
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0008|     are placed under the acreage reserve program or conservation
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0009|     reserve program provided by the Food Security Act of 1985, PL
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0010|     99-198, shall not be computed as part of the four-year
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0011|     forfeiture period; and provided, further, that the condition of
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0012|     notice and declaration of nonuser shall not apply to water which
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0013|     has reverted to the public by operation of law prior to June 1,
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0014|     1965.
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0015|            B.  Upon application to the state engineer at any
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0016|     time and a proper showing of reasonable cause for delay or for
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0017|     nonuse, or upon the state engineer finding that it is in the
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0018|     public interest, the state engineer may grant extensions of time
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0019|     <s>[not to exceed a term of one year for each extension]</s> <u>for a
</u>    |
<u></u>0020| <u>    period not to exceed three years</u> in which to apply to
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0021|     beneficial use the water, for which a permit to appropriate has
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0022|     been issued or a water right has vested, was appropriated or has
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0023|     been adjudicated.
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0024|            C.  Periods of nonuse when water rights are acquired
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0025|     by incorporated municipalities or counties for implementation of
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0001|     their water development plans or for <s>[preservaton]</s>
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0002|     <u>preservation</u> of municipal or county water supplies shall not
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0003|     be computed as part of the four-year forfeiture statute.
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0004|            D.  A lawful exemption from the requirements of
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0005|     beneficial use, either by an extension of time or other
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0006|     statutory exemption, stops the running of the four-year period
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0007|     for the period of the exemption, and the period of exemption
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0008|     shall not be included in computing the four-year period.
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0009|            E.  Periods of nonuse when the nonuser of acquired
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0010|     water rights is on active duty as a member of the armed forces
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0011|     of this country shall not be included in computing the four-year
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0012|     period.
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0013|            F.  The owner or holder of a valid water right or
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0014|     permit to appropriate waters for agricultural purposes
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0015|     appurtenant to designated or specified lands may apply the full
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0016|     amount of water covered by or included in the water right or
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0017|     permit to any part of such designated or specified tract without
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0018|     penalty or forfeiture.
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0019|            G.  Periods of nonuse when water rights are acquired
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0020|     and placed in a water conservation program, which has been
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0021|     approved by the state engineer, by a conservancy district
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0022|     organized pursuant to Chapter 73, Articles 14 through 19 NMSA
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0023|     1978 or an acequia or community ditch association organized
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0024|     pursuant to Chapter 73, Article 2 NMSA 1978 or the interstate
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0025|     stream commission shall not be computed as part of the four-year
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0001|     forfeiture period."
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0002|       Section 2.  Section 72-12-8 NMSA 1978 (being Laws 1931,
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0003|     Chapter 131, Section 8, as amended) is amended to read:
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0004|       "72-l2-8.  WATER RIGHT FORFEITURE.--
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0005|            A.  When for a period of four years the owner of a
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0006|     water right in any of the waters described in Sections 72-l2-l
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0007|     through 72-l2-28 NMSA l978 or the holder of a permit from the
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0008|     state engineer to appropriate any such waters has failed to
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0009|     apply them to the use for which the permit was granted or the
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0010|     right has vested, was appropriated or has been adjudicated, the
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0011|     water rights shall be, if the failure to beneficially use the
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0012|     water persists one year after notice and declaration of nonuser
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0013|     given by the state engineer, forfeited and the water so unused
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0014|     shall revert to the public and be subject to further
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0015|     appropriation; provided that the condition of notice and
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0016|     declaration of nonuser shall not apply to water which has
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0017|     reverted to the public by operation of law prior to June l,
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0018|     l965.
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0019|            B.  Upon application to the state engineer at any
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0020|     time and a proper showing of reasonable cause for delay or for
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0021|     nonuse or upon the state engineer finding that it is in the
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0022|     public interest, the state engineer may grant extensions of time
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0023|     <s>[not to exceed a term of one year for each extension]</s> <u>for a
</u>    |
<u></u>0024| <u>    period not to exceed three years</u> in which to apply to
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0025|     beneficial use the water for which a permit to appropriate has
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0001|     been issued or a water right has vested, was appropriated or has
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0002|     been adjudicated.
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0003|            C.  Periods of nonuse when irrigated farm lands are
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0004|     placed under the acreage reserve program or conservation reserve
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0005|     program provided by the Food Security Act of l985, PL 99-l98,
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0006|     shall not be computed as part of the four-year forfeiture
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0007|     period.
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0008|            D.  Periods of nonuse when water rights are acquired
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0009|     and placed in a water conservation program adopted by an
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0010|     artesian conservancy district, conservancy district or the
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0011|     interstate stream commission shall not be computed as part of
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0012|     the four-year forfeiture statute.
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0013|            E.  A lawful exemption from the requirements of
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0014|     beneficial use, either by an extension of time or other
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0015|     statutory exemption, stops the running of the four-year period
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0016|     for the period of the exemption and the period of exemption
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0017|     shall not be included in computing the four-year period.
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0018|            F.  Periods of nonuse when water rights are acquired
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0019|     by incorporated municipalities or counties for implementation of
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0020|     their water development plans or for preservation of municipal
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0021|     or county water supplies shall not be computed as part of the
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0022|     four-year forfeiture statute.
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0023|            G.  Periods of nonuse when the nonuser of acquired
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0024|     water rights is on active duty as a member of the armed forces
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0025|     of this country shall not be included in computing the four-year
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0001|     period.
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0002|            H.  The owner or holder of a valid water right or
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0003|     permit to appropriate waters for agricultural purposes
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0004|     appurtenant to designated or specified lands may apply the full
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0005|     amount of water covered by or included in that water right or
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0006|     permit to any part of such designated or specified tract without
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0007|     penalty or forfeiture."
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0008|                                                       State of New Mexico
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0009|                    House of Representatives
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0010|   
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0011|                    FORTY-SECOND LEGISLATURE
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0012|                      SECOND SESSION, 1996
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0013|   
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0014|   
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0015|                                              February 1, 1996
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0016|   
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0017|   
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0018|   Mr. Speaker:
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0019|   
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0020|       Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0021|   to whom has been referred
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0022|   
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0023|                         HOUSE BILL 437
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0024|                                 
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0025|   has had it under consideration and reports same with
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0001|   recommendation that it DO PASS, amended as follows:
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0002|   
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0003|       1.   On page 2, line 19, after the word "years" insert "for
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0004|   each extension".
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0005|   
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0006|       2.   On page 4, line 23, after the word "years" insert "for
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0007|   each extension".,
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0008|   
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0009|   and thence referred to the JUDICIARY COMMITTEE.
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0010|   
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0011|                                Respectfully submitted,
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0012|   
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0013|   
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0014|   
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0015|                                <u>                                 
</u>    |
<u></u>0016| <u>  </u>                            G. X. McSherry, Chairman
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0017|   
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0018|   
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0019|   Adopted <u>                    </u>    Not Adopted <u>                     
</u>    |
<u></u>0020| <u>  </u>
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0021|            (Chief Clerk)                       (Chief Clerk)
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0022|   
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0023|                      Date <u>            </u>
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0024|   
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0025|   The roll call vote was<u> 6 </u> For<u> 0 </u> Against
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0001|   Yes:          6
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0002|   Excused: Casey, Porter, Stell
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0003|   Absent:  None
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0004|   
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0005|   
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0006|                                                              
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0007|     H0437AG1                     State of New Mexico
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0008|                    House of Representatives
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0009|   
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0010|                    FORTY-SECOND LEGISLATURE
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0011|                      SECOND SESSION, 1996
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0012|   
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0013|   
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0014|                                              February 5, 1996
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0015|   
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0016|   
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0017|   Mr. Speaker:
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0018|   
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0019|       Your JUDICIARY COMMITTEE, to whom has been referred
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0020|   
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0021|                  HOUSE BILL 437, as amended
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0022|                                
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0023|                                 has had it under consideration and reports same with
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0024|   recommendation that it DO PASS.
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0025|   
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0001|                                Respectfully submitted,
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0002|   
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0003|   
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0004|   
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0005|                                <u>                                 
</u>    |
<u></u>0006| <u>  </u>                            Cisco McSorley, Chairman
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0007|   
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0008|   
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0009|   Adopted <u>                    </u>    Not Adopted <u>                     
</u>    |
<u></u>0010| <u>  </u>
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0011|            (Chief Clerk)                       (Chief Clerk)
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0012|   
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0013|                      Date <u>            </u>
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0014|   
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0015|   The roll call vote was<u> 8 </u> For<u> 0 </u> Against
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0016|   Yes:          8
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0017|   Excused: King, Luna, Sanchez, R.G., Stewart, Foy
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0018|   Absent:  None
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0019|   
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0020|   
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0021|                                                              
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0022|     HO437JC1
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0023|   
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0024|                    FORTY-SECOND LEGISLATURE
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0025|                      SECOND SESSION, 1996
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0001|   
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0002|   
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0003|                                             February 13, 1996
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0004|   
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0005|   Mr. President:
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0006|   
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0007|     Your CONSERVATION COMMITTEE, to whom has been referred
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0008|   
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0009|                         HOUSE BILL 437
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0010|   
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0011|   has had it under consideration and reports same with
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0012|   recommendation that it DO PASS, and thence referred to the
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0013|   JUDICIARY COMMITTEE.
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0014|   
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0015|                              Respectfully submitted,
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0016|   
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0017|   
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0018|   
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0019|                              __________________________________
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0020|                              TOM R. BENAVIDES, Chairman 
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0021|   
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0022|   
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0023|   
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0024|   Adopted_______________________ Not Adopted_______________________
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0025|             (Chief Clerk)                          (Chief Clerk)
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0001|   
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0002|   
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0003|                     Date ________________________
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0004|   
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0005|   
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0006|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0007|   Yes:  6
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0008|   No:        0
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0009|   Excused:   Tsosie, Vernon, Wray
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0010|   Absent:    0
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0011|   
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0012|   
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0013|   H0437CO1
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0014|   
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0015|     
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0016|   
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0017|                    FORTY-SECOND LEGISLATURE
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0018|                      SECOND SESSION, 1996
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0019|   
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0020|   
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0021|                                             February 14, 1996
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0022|   
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0023|   Mr. President:
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0024|   
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0025|     Your JUDICIARY COMMITTEE, to whom has been referred
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0001|   
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0002|                   HOUSE BILL 437, as amended
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0003|   
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0004|   has had it under consideration and reports same with
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0005|   recommendation that it DO PASS.
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0006|   
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0007|                              Respectfully submitted,
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0008|   
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0009|   
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0010|   
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0011|                              __________________________________
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0012|                              Janice D. Paster, Chairman 
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0013|   
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0014|   
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0015|   
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0016|   Adopted_______________________ Not Adopted_______________________
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0017|             (Chief Clerk)                          (Chief Clerk)
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0018|   
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0019|   
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0020|   
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0021|                     Date ________________________
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0022|   
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0023|   
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0024|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0025|   Yes:  6
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0001|   No:        0
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0002|   Excused:   None
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0003|   Absent:    Carraro, Reagan, Vernon
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0004|   
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0005|   
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0006|   H0437JU1
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0007|   
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