March 10, 2001

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 834, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. Strike House Agriculture and Water Resources Committee Amendment 1.

2. On page 3, strike Subsection C in its entirety and insert in lieu thereof a new Subsection C to read:

"C. The state engineer shall approve an application for a well permit as a change in the point of diversion of an existing surface right, not to exceed the vested right, if:

(1) the natural flow of the stream and the underground water supply are hydrologically connected as demonstrated by the applicant and the water at the new point of diversion is water from the same source of the applicant's surface diversion except for a change in the geomorphology of the streambed above the original point of diversion; and

(2) an application is submitted in a form approved by the state engineer and filed pursuant to Chapter 72, Article 2 NMSA 1978.".

Respectfully submitted,

W. Ken Martinez, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 10 For 0 Against

Yes: 10

Excused: Rios

Absent: None

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