April 5, 2001

 

HOUSE EXECUTIVE MESSAGE NO. 57

 

 

 

 

The Honorable Ben Lujan and

Members of the House of Representatives

Executive-Legislative Building

Santa Fe, New Mexico 87503

 

Honorable Speaker and Members of the House:

 

I have this day VETOED and am returning HOUSE BILL 834, as amended,

enacted by the Forty-Fifth Legislature, First Session, 2001.

 

This bill instructs the State Engineer to approve under certain conditions an application for a permit to change the point of diversion of an existing surface water right.  It is imprudent to embark upon a practice of statutorily setting forth the requisite elements of various types of applications to be filed with the State Engineer. House Bill 834 is vetoed on the basis that it would codify flawed and erroneous statements of hydrology. The State Engineer informs me, however, that an application setting forth the very elements, supported by hydrological evidence, contained in paragraph C of that bill would be approvable.  Vetoing this bill does not bar water rights owners from filing such applications as those contemplated by House Bill 834; nevertheless, it is vetoed reluctantly and only with the assurance of the State Engineer that his staff will assist the filing of such applications conforming to the elements of paragraph C of this legislation.

 

Sincerely,         

 

 

          Gary E. Johnson         

Governor         

 

 

 

 

 

 

 

RECEIVED FROM THE OFFICE OF THE GOVERNOR:

 

Time: _____________________                By:_____________________________

                                                                     Secretary of State

Date ______________________             

 

 

Time:______________________

 

Date_______________________               By:_____________________________

                                                                     Chief Clerk of the House     

                                                                                  Hem57hb834v