State of New Mexico House of Representatives FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 February 6, 1997 Mr. Speaker: Your AGRICULTURE AND WATER RESOURCES COMMITTEE, to whom has been referred HOUSE BILL 139 has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 1, line 11, strike "A SECTION" and insert in lieu thereof "CERTAIN SECTIONS". 2. On page 3, line 18, after "a" insert "state engineer- approved". 3. On page 3, line 18, after "program" strike the remainder of the line and on line 19 strike "approved by the state engineer,". 4. On page 3, line 22, strike "Article 2" and insert in lieu thereof "Article 2 or 3". 5. On page 3, after line 25, insert the following new section: "Section 2. Section 72-12-8 NMSA 1978 (being Laws 1931, Chapter 131, Section 8, as amended) is amended to read: "72-12-8. WATER RIGHT FORFEITURE.-- A. When for a period of four years the owner of a water right in any of the waters described in Sections 72-12-1 through 72-12-28 NMSA 1978 or the holder of a permit from the state engineer to appropriate any such waters has failed to apply them to the use for which the permit was granted or the right has vested, was appropriated or has been adjudicated, the water rights shall be, if the failure to beneficially use the water persists one year after notice and declaration of nonuser given by the state engineer, forfeited and the water so unused shall revert to the public and be subject to further appropriation; provided that the condition of notice and declaration of nonuser shall not apply to water which has reverted to the public by operation of law prior to June l, l965. B. Upon application to the state engineer at any time and a proper showing of reasonable cause for delay or for nonuse or upon the state engineer finding that it is in the public interest, the state engineer may grant extensions of time, for a period not to exceed three years for each extension, in which to apply to beneficial use the water for which a permit to appropriate has been issued or a water right has vested, was appropriated or has been adjudicated. C. Periods of nonuse when irrigated farm lands are placed under the acreage reserve program or conservation reserve program provided by the Food Security Act of l985, P.L. 99-l98, shall not be computed as part of the four-year forfeiture period. D. Periods of nonuse when water rights are acquired and placed in a state engineer-approved water conservation program [adopted] by an artesian conservancy district, conservancy district, [or] an acequia or community ditch association organized pursuant to Chapter 73, Article 2 or 3 NMSA 1978, an irrigation district organized pursuant to Chapter 73, Articles 9 through 13 NMSA 1978 or the interstate stream commission shall not be computed as part of the four-year forfeiture statute. E. A lawful exemption from the requirements of beneficial use, either by an extension of time or other statutory exemption, stops the running of the four-year period for the period of the exemption, and the period of exemption shall not be included in computing the four-year period. F. Periods of nonuse when water rights are acquired by incorporated municipalities or counties for implementation of their water development plans or for preservation of municipal or county water supplies shall not be computed as part of the four-year forfeiture statute. G. Periods of nonuse when the nonuser of acquired water rights is on active duty as a member of the armed forces of this country shall not be included in computing the four-year period. H. The owner or holder of a valid water right or permit to appropriate waters for agricultural purposes appurtenant to designated or specified lands may apply the full amount of water covered by or included in that water right or permit to any part of [such] the designated or specified tract without penalty or forfeiture.""., and thence referred to the JUDICIARY COMMITTEE. Respectfully submitted, G. X. McSherry, Chairman Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 8 For 0 Against Yes: 8 Excused: Abeyta Absent: None .115821.1 G:\BILLTEXT\AMEND_97\H0139AG1