0001|             SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR
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0002|                           SENATE BILL 178
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|     
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0005|     
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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 WATER; AMENDING SECTION 73-2-41 NMSA 1978 (BEING
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0013|     LAWS 1860-1861, P. 24, SECTION 2, AS AMENDED).
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 73-2-41 NMSA 1978 (being Laws 1860-
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0017|     1861, p. 24, Section 2, as amended) is amended to read:
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0018|          "73-2-41.  INDIANS--RIGHTS AND DUTIES.--[SEC. 116.] The
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0019|     different [communities of] Indians residing within the state
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0020|     [of New Mexico] shall be subject to render [their] the same
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0021|     services as non-Indians in working the acequias, within the
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0022|     limits of their respective reservations in which they may have
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0023|     a common interest with the [citizens] non-Indians who live
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0024|     [within] outside their respective reservations, and they shall
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0025|     enjoy at the same time the same benefit and rights of
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0001|     commercial traffic; provided that [said] the Indians shall have
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0002|     no right to participate in the nominations and election of
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0003|     acequia [overseers] mayordomos or superintendents or acequia or
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0004|     water commissioners in any ditch, whether within or without
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0005|     their reservations, except in acequias constructed entirely by
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0006|     themselves, unless they have paid their proportionate share of
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0007|     the whole cost of the construction of such acequia and unless
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0008|     the lands sought to be voted by [said] the Indians have been
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0009|     duly returned for taxation in accordance with law and state and
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0010|     county taxes paid thereon.  In all cases in which [citizens]
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0011|     non-Indians living [within the limits of such communities or
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0012|     pueblos of Indians shall] outside the reservation have acquired
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0013|     water rights by purchase of land from [said] the Indians, the
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0014|     distribution of [such] the water between the Indians and the
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0015|     [said citizens] non-Indians shall be agreed upon, based upon
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0016|     the customs heretofore practiced and recognized between the
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0017|     [said] Indians and [said citizens] the non-Indians, by and
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0018|     between the governor of the Indian community or pueblo and the
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0019|     commissioners of such acequias in which the [said citizens]
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0020|     non-Indians may have acquired any such rights and, the
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0021|     governors of such [communities or pueblos of] Indians and the
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0022|     [said river or] acequia commissioners shall also regulate the
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0023|     amount and manner of work to be done by the Indians and
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0024|     [citizens] non-Indians in all such acequias in which all have
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0025|     water rights in accordance with such customs."
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