0001| HOUSE BILL 139
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| BEN LUJAN
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO FORFEITURE OF WATER RIGHTS; AMENDING A SECTION OF
|
0012| THE NMSA 1978 PERTAINING TO PLACING WATER RIGHTS IN A WATER
|
0013| CONSERVATION PROGRAM.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. Section 72-5-28 NMSA 1978 (being Laws 1907,
|
0017| Chapter 49, Section 42, as amended) is amended to read:
|
0018| "72-5-28. FAILURE TO USE WATER--FORFEITURE.--
|
0019| A. When the party entitled to the use of water
|
0020| fails to beneficially use all or any part of the water claimed
|
0021| by him, for which a right of use has vested for the purpose for
|
0022| which it was appropriated or adjudicated, except the waters for
|
0023| storage reservoirs, for a period of four years, such unused
|
0024| water shall, if the failure to beneficially use the water
|
0025| persists one year after notice and declaration of nonuser given
|
0001| by the state engineer, revert to the public and shall be
|
0002| regarded as unappropriated public water; provided, however,
|
0003| that forfeiture shall not necessarily occur if circumstances
|
0004| beyond the control of the owner have caused nonuse, such that
|
0005| the water could not be placed to beneficial use by diligent
|
0006| efforts of the owner; and provided that periods of nonuse, when
|
0007| irrigated farm lands are placed under the acreage reserve
|
0008| program or conservation reserve program provided by the Food
|
0009| Security Act of 1985, P.L. 99-198, shall not be computed as
|
0010| part of the four-year forfeiture period; and provided, further,
|
0011| that the condition of notice and declaration of nonuser shall
|
0012| not apply to water which has reverted to the public by
|
0013| operation of law prior to June 1, 1965.
|
0014| B. Upon application to the state engineer at any
|
0015| time and a proper showing of reasonable cause for delay or for
|
0016| nonuse or upon the state engineer finding that it is in the
|
0017| public interest, the state engineer may grant extensions of
|
0018| time, for a period not to exceed three years for each
|
0019| extension, in which to apply to beneficial use the water for
|
0020| which a permit to appropriate has been issued or a water right
|
0021| has vested, was appropriated or has been adjudicated.
|
0022| C. Periods of nonuse when water rights are acquired
|
0023| by incorporated municipalities or counties for implementation
|
0024| of their water development plans or for preservation of
|
0025| municipal or county water supplies shall not be computed as
|
0001| part of the four-year forfeiture statute.
|
0002| D. A lawful exemption from the requirements of
|
0003| beneficial use, either by an extension of time or other
|
0004| statutory exemption, stops the running of the four-year period
|
0005| for the period of the exemption, and the period of exemption
|
0006| shall not be included in computing the four-year period.
|
0007| E. Periods of nonuse when the nonuser of acquired
|
0008| water rights is on active duty as a member of the armed forces
|
0009| of this country shall not be included in computing the four-
|
0010| year period.
|
0011| F. The owner or holder of a valid water right or
|
0012| permit to appropriate waters for agricultural purposes
|
0013| appurtenant to designated or specified lands may apply the full
|
0014| amount of water covered by or included in the water right or
|
0015| permit to any part of [such] the designated or specified
|
0016| tract without penalty or forfeiture.
|
0017| G. Periods of nonuse when water rights are acquired
|
0018| and placed in a water conservation program, which has been
|
0019| approved by the state engineer, by a conservancy district
|
0020| organized pursuant to Chapter 73, Articles 14 through 19 NMSA
|
0021| 1978, [or] an acequia or community ditch association
|
0022| organized pursuant to Chapter 73, Article 2 NMSA 1978, an
|
0023| irrigation district organized pursuant to Chapter 73, Articles
|
0024| 9 through 13 NMSA 1978 or the interstate stream commission
|
0025| shall not be computed as part of the four-year forfeiture
|
0001| period." State of New Mexico
|
0002| House of Representatives
|
0003|
|
0004| FORTY-THIRD LEGISLATURE
|
0005| FIRST SESSION, 1997
|
0006|
|
0007|
|
0008| February 6, 1997
|
0009|
|
0010|
|
0011| Mr. Speaker:
|
0012|
|
0013| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
|
0014| to whom has been referred
|
0015|
|
0016| HOUSE BILL 139
|
0017|
|
0018| has had it under consideration and reports same with
|
0019| recommendation that it DO PASS, amended as follows:
|
0020|
|
0021| 1. On page 1, line 11, strike "A SECTION" and insert in
|
0022| lieu thereof "CERTAIN SECTIONS".
|
0023|
|
0024| 2. On page 3, line 18, after "a" insert "state engineer-
|
0025| approved".
|
0001|
|
0002| 3. On page 3, line 18, after "program" strike the remainder
|
0003| of the line and on line 19 strike "approved by the state
|
0004| engineer,".
|
0005|
|
0006| 4. On page 3, line 22, strike "Article 2" and insert in
|
0007| lieu thereof "Article 2 or 3".
|
0008|
|
0009| 5. On page 3, after line 25, insert the following new
|
0010| section:
|
0011|
|
0012| "Section 2. Section 72-12-8 NMSA 1978 (being Laws 1931,
|
0013| Chapter 131, Section 8, as amended) is amended to read:
|
0014|
|
0015| "72-12-8. WATER RIGHT FORFEITURE.--
|
0016|
|
0017| A. When for a period of four years the owner of a
|
0018| water
|
0019| right in any of the waters described in Sections 72-12-1 through
|
0020| 72-12-28 NMSA 1978 or the holder of a permit from the state
|
0021| engineer to appropriate any such waters has failed to apply them
|
0022| to the use for which the permit was granted or the right has
|
0023| vested, was appropriated or has been adjudicated, the water
|
0024| rights shall be, if the failure to beneficially use the water
|
0025| persists one year after notice and declaration of nonuser given
|
0001| by the state engineer, forfeited and the water so unused shall
|
0002| revert to the public and be subject to further appropriation;
|
0003| provided that the condition of notice and declaration of nonuser
|
0004| shall not apply to water which has reverted to the public by
|
0005| operation of law prior to June l, l965.
|
0006|
|
0007| B. Upon application to the state engineer at any time
|
0008| and a proper showing of reasonable cause for delay or for nonuse
|
0009| or upon the state engineer finding that it is in the public
|
0010| interest, the state engineer may grant extensions of time, for a
|
0011| period not to exceed three years for each extension, in which to
|
0012| apply to beneficial use the water for which a permit to
|
0013| appropriate has been issued or a water right has vested, was
|
0014| appropriated or has been adjudicated.
|
0015|
|
0016| C. Periods of nonuse when irrigated farm lands are
|
0017| placed under the acreage reserve program or conservation reserve
|
0018| program provided by the Food Security Act of l985, P.L. 99-l98,
|
0019| shall not be computed as part of the four-year forfeiture period.
|
0020|
|
0021| D. Periods of nonuse when water rights are acquired
|
0022| and placed in a state engineer-approved water conservation
|
0023| program [adopted] by an artesian conservancy district,
|
0024| conservancy district, [or] an acequia or community ditch
|
0025| association organized pursuant to Chapter 73, Article 2 or 3 NMSA
|
0001| 1978, an irrigation district organized pursuant to Chapter 73,
|
0002| Articles 9 through 13 NMSA 1978 or the interstate stream
|
0003| commission shall not be computed as part of the four-year
|
0004| forfeiture statute.
|
0005|
|
0006| E. A lawful exemption from the requirements of
|
0007| beneficial use, either by an extension of time or other statutory
|
0008| exemption, stops the running of the four-year period for the
|
0009| period of the exemption, and the period of exemption shall not be
|
0010| included in
|
0011| computing the four-year period.
|
0012|
|
0013| F. Periods of nonuse when water rights are acquired
|
0014| by incorporated municipalities or counties for implementation of
|
0015| their water development plans or for preservation of municipal or
|
0016| county water supplies shall not be computed as part of the four-
|
0017| year forfeiture statute.
|
0018|
|
0019| G. Periods of nonuse when the nonuser of acquired
|
0020| water rights is on active duty as a member of the armed forces of
|
0021| this country shall not be included in computing the four-year
|
0022| period.
|
0023|
|
0024| H. The owner or holder of a valid water right or
|
0025| permit to appropriate waters for agricultural purposes
|
0001| appurtenant to designated or specified lands may apply the full
|
0002| amount of water covered by or included in that water right or
|
0003| permit to any part of [such] the designated or specified
|
0004| tract without penalty or forfeiture."".,
|
0005|
|
0006| and thence referred to the JUDICIARY COMMITTEE.
|
0007|
|
0008| Respectfully submitted,
|
0009|
|
0010|
|
0011|
|
0012|
|
0013|
|
0014| G. X. McSherry, Chairman
|
0015|
|
0016|
|
0017| Adopted Not Adopted
|
0018|
|
0019| (Chief Clerk) (Chief Clerk)
|
0020|
|
0021| Date
|
0022|
|
0023| The roll call vote was 8 For 0 Against
|
0024| Yes: 8
|
0025| Excused: Abeyta
|
0001| Absent: None
|
0002|
|
0003|
|
0004| .115821.1
|
0005| G:\BILLTEXT\BILLW_97\H0139 State of New Mexico
|
0006| House of Representatives
|
0007|
|
0008| FORTY-THIRD LEGISLATURE
|
0009| FIRST SESSION, 1997
|
0010|
|
0011|
|
0012| February 17, 1997
|
0013|
|
0014|
|
0015| Mr. Speaker:
|
0016|
|
0017| Your JUDICIARY COMMITTEE, to whom has been referred
|
0018|
|
0019| HOUSE BILL 139, as amended
|
0020|
|
0021| has had it under consideration and reports same with
|
0022| recommendation that it DO PASS.
|
0023|
|
0024| Respectfully submitted,
|
0025|
|
0001|
|
0002|
|
0003|
|
0004|
|
0005| Thomas P. Foy, Chairman
|
0006|
|
0007|
|
0008| Adopted Not Adopted
|
0009|
|
0010| (Chief Clerk) (Chief Clerk)
|
0011|
|
0012| Date
|
0013|
|
0014| The roll call vote was 9 For 0 Against
|
0015| Yes: 9
|
0016| Excused: M.P. Garcia, King, Rios, Sanchez
|
0017| Absent: None
|
0018|
|
0019|
|
0020| G:\BILLTEXT\BILLW_97\H0139
|
0021|
|
0022| FORTY-THIRD LEGISLATURE
|
0023| FIRST SESSION, 1997
|
0024|
|
0025|
|
0001| March 12, 1997
|
0002|
|
0003| Mr. President:
|
0004|
|
0005| Your CONSERVATION COMMITTEE, to whom has been referred
|
0006|
|
0007| HOUSE BILL 139, as amended
|
0008|
|
0009| has had it under consideration and reports same with
|
0010| recommendation that it DO PASS, and thence referred to the
|
0011| JUDICIARY COMMITTEE.
|
0012|
|
0013| Respectfully submitted,
|
0014|
|
0015|
|
0016|
|
0017|
|
0018| __________________________________
|
0019| Michael S. Sanchez, Chairman
|
0020|
|
0021|
|
0022|
|
0023| Adopted_______________________ Not
|
0024| Adopted_______________________
|
0025| (Chief Clerk) (Chief Clerk)
|
0001|
|
0002|
|
0003| Date ________________________
|
0004|
|
0005|
|
0006| The roll call vote was 8 For 2 Against
|
0007| Yes: 8
|
0008| No: Davis, Lyons
|
0009| Excused: None
|
0010| Absent: None
|
0011|
|
0012|
|
0013| H0139C01
|
0014|
|
0015|
|
0016|
|
0017| FORTY-THIRD LEGISLATURE
|
0018| FIRST SESSION, 1997
|
0019|
|
0020|
|
0021| March 17, 1997
|
0022|
|
0023| Mr. President:
|
0024|
|
0025| Your JUDICIARY COMMITTEE, to whom has been referred
|
0001|
|
0002| HOUSE BILL 139, as amended
|
0003|
|
0004| has had it under consideration and reports same with
|
0005| recommendation that it DO PASS.
|
0006|
|
0007| Respectfully submitted,
|
0008|
|
0009|
|
0010|
|
0011|
|
0012| __________________________________
|
0013| Fernando R. Macias, Chairman
|
0014|
|
0015|
|
0016|
|
0017| Adopted_______________________ Not
|
0018| Adopted_______________________
|
0019| (Chief Clerk) (Chief Clerk)
|
0020|
|
0021|
|
0022|
|
0023| Date ________________________
|
0024|
|
0025|
|
0001| The roll call vote was 5 For 0 Against
|
0002| Yes: 5
|
0003| No: 0
|
0004| Excused: Sanchez, Stockard, Vernon
|
0005| Absent: None
|
0006|
|
0007|
|
0008| H0139JU1
|