0001| HOUSE BILL 260
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| PAULINE K. GUBBELS
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0005|
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0006|
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0007|
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0008| FOR THE INTEGRATED WATER AND RESOURCE PLANNING COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO WATER RIGHTS; PROVIDING FOR CONSTRUCTIVE NOTICE TO
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0012| SUBSEQUENT PURCHASERS OR ENCUMBRANCERS OF WATER RIGHTS WITHIN
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0013| PENDING ADJUDICATION SUITS; AMENDING A SECTION OF THE NMSA
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0014| 1978.
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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 72-4-17 NMSA 1978 (being Laws 1907,
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0018| Chapter 49, Section 21, as amended) is amended to read:
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0019| "72-4-17. SUITS FOR DETERMINATION OF WATER RIGHTS--
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0020| PARTIES--HYDROGRAPHIC SURVEY--JURISDICTION--UNKNOWN CLAIMANTS--
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0021| CONSTRUCTIVE NOTICE TO SUBSEQUENT PURCHASER OR ENCUMBRANCER.-
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0022| -In any suit for the determination of a right to use the waters
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0023| of any stream system, all those whose claim to the use of
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0024| [such] the waters are of record and all other claimants, so
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0025| far as they can be ascertained with reasonable diligence, shall
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0001| be made parties. When any such suit has been filed, the court
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0002| shall, by its order duly entered, direct the state engineer to
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0003| make or furnish a complete hydrographic survey of [such]
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0004| the stream system [as hereinbefore provided in this
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article] in order to obtain all data necessary to the
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0006| determination of the rights involved. Money [heretofore]
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0007| spent on hydrographic surveys by the state engineer, but not
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0008| assessed against the water users on [the effective date of
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this act] July 1, 1965, shall not be assessed against the
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0010| water users. The court in which any suit involving the
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0011| adjudication of water rights may be properly brought shall have
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0012| exclusive jurisdiction to hear and determine all questions
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0013| necessary for the adjudication of all water rights within the
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0014| stream system involved and may submit any question of fact
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0015| arising [therein] in the suit to a jury or to one or more
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0016| referees, at its discretion [and]. The attorney general may
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0017| bring suit as provided in Section [75-4-4 New Mexico Statutes
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Annotated, 1953 Compilation] 72-4-15 NMSA 1978 in any court
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0019| having jurisdiction over any part of the stream system, which
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0020| shall likewise have exclusive jurisdiction for such purposes,
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0021| and all unknown persons who may claim any interest or right to
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0022| the use of the waters of any such system, and the unknown heirs
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0023| of any deceased person who made claim of any right or interest
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0024| to the waters of [such] the stream system in his lifetime,
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0025| may be made parties in [such] the suit by their names as
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0001| near as the same can be ascertained, such unknown heirs by the
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0002| style of unknown heirs of [such] the deceased person and
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0003| [said] unknown persons by the name and style of unknown
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0004| claimants of interest to water in [such] the stream system,
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0005| and service of process on, and notice of [such] the suit,
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0006| against such parties may be made as in other cases by
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0007| publication.
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0008| In any adjudication suit, the attorney general may record
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0009| a notice of the pendency of the suit with the county clerk of
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0010| any county in which land is located to which water rights are
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0011| appurtenant as identified in the hydrographic survey. Any
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0012| notice filed shall contain the object of the suit and a
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0013| description of the boundaries of the hydrographic survey and
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0014| shall be constructive notice of the suit to all subsequent
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0015| purchasers or encumbrancers of water rights within the
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0016| boundaries of the hydrographic survey within the county. A
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0017| person whose conveyance is recorded subsequent to the filing of
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0018| notice by the attorney general within the county shall be
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0019| considered a subsequent purchaser or encumbrancer and shall be
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0020| bound by all proceedings in the suit occurring after the
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0021| recording of the notice to the same extent as if the subsequent
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0022| purchaser or encumbrancer were a named party to the suit."
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0023| - 3 -
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0024| State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| February 11, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0012| to whom has been referred
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0013|
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0014| HOUSE BILL 260
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. On page 3, line 5, strike "the attorney general may" and
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0020| insert "brought by the attorney general or in which the attorney
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0021| general intervenes the attorney general shall".,
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0022|
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0023| and thence referred to the JUDICIARY COMMITTEE.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| G. X. McSherry, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 6 For 0 Against
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0016| Yes: 6
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0017| Excused: Abeyta, Porter, Wright
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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| G:\BILLTEXT\BILLW_97\H0260 State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| March 5, 1997
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your JUDICIARY COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 260, as amended
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| Thomas P. Foy, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001|
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date
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0005|
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0006| The roll call vote was 9 For 0 Against
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0007| Yes: 9
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0008| Excused: Carpenter, Foy, Rios, Stewart
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0009| Absent: None
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0010|
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0011|
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0012| G:\BILLTEXT\BILLW_97\H0260 FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION
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0014|
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0015|
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0016| March 7, 1997
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0017|
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0018|
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0019| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 260, as amended
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0020|
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0021| Amendment sponsored by Representative Pauline K. Gubbels
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0022|
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0023|
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0024| 1. On page 3, line 19, after the period insert:
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0025|
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0001| "The attorney general shall mail a notice of the pendency of the suit
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0002| to a subsequent purchaser or encumbrancer who complies with Section
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0003| 72-1-2.1 NMSA 1978 at the mailing address provided in the change of
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0004| ownership form filed pursuant to that section.".
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0013|
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0014|
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0015| ___________________________
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0016| Pauline K. Gubbels
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0017|
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0018|
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0019|
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0020| Adopted ___________________ Not Adopted ___________________________
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023|
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0024| Date ________________
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