FIFTIETH LEGISLATURE

FIRST SESSION, 2011

February 21, 2011

Mr. Speaker:

    Your AGRICULTURE AND WATER RESOURCES COMMITTEE, to whom has been referred

HOUSE BILL 402

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

     1. On page 1, line 21, after the period, strike the remainder of the line, strike line 22 in its entirety and strike line 23 through the period and insert in lieu thereof:

     "The beneficial use by a lessee pursuant to Chapter 72, Article 6 NMSA 1978 of any part of the water use due under the owner's water right shall constitute beneficial use of that part of the owner's water right. In a fully appropriated system where a state engineer permit has authorized a change in the place or purpose of use of an adjudicated water right but water has not been placed to beneficial use at the new place of use, the permittee may lease all or any part of the water use authorized by the permit, but only that amount of water placed to beneficial use under the lease shall be accepted as satisfying the beneficial use requirement of the permit necessary to establish a water right.".

     2. On page 2, line 13, remove the brackets and line through "nonuser" and strike "nonuse".

     3. On pages 3 and 4, strike Section 2 in its entirety.,

and thence referred to the CONSUMER AND PUBLIC AFFAIRS COMMITTEE.                            

                             Respectfully submitted,

James Roger Madalena, Chairman

Adopted     Not Adopted

           (Chief Clerk)                            (Chief Clerk)

Date

The roll call vote was 9 For 0 Against

Yes:      9

No:       0

Excused:  Cervantes

Absent:   None

.185632.2

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