0001| AN ACT
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0002| RELATING TO THE FORFEITURE OF WATER RIGHTS; AMENDING SECTIONS OF THE
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0003| NMSA 1978 PERTAINING TO EXTENSIONS OF TIME IN WHICH TO APPLY BENEFICIAL
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0004| USE.
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0005|
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007| Section 1. Section 72-5-28 NMSA 1978 (being Laws 1907, Chapter
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0008| 49, Section 42, as amended) is amended to read:
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0009| "72-5-28. FAILURE TO USE WATER--FORFEITURE.--
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0010| A. When the party entitled to the use of water fails to
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0011| beneficially use all or any part of the water claimed by him, for which
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0012| a right of use has vested for the purpose for which it was appropriated
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0013| or adjudicated, except the waters for storage reservoirs, for a period
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0014| of four years, such unused water shall, if the failure to beneficially
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0015| use the water persists one year after notice and declaration of nonuser
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0016| given by the state engineer, revert to the public and shall be regarded
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0017| as unappropriated public water; provided, however, that forfeiture shall
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0018| not necessarily occur if circumstances beyond the control of the owner
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0019| have caused nonuse, such that the water could not be placed to
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0020| beneficial use by diligent efforts of the owner; and provided that
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0021| periods of nonuse, when irrigated farm lands are placed under the
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0022| acreage reserve program or conservation reserve program provided by the
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0023| Food Security Act of 1985, PL 99-198, shall not be computed as part of
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0024| the four-year forfeiture period; and provided, further, that the
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0025| condition of notice and declaration of nonuser shall not apply to water
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0001| which has reverted to the public by operation of law prior to June 1,
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0002| 1965.
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0003| B. Upon application to the state engineer at any time and a
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0004| proper showing of reasonable cause for delay or for nonuse, or upon the
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0005| state engineer finding that it is in the public interest, the state
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0006| engineer may grant extensions of time for a period not to exceed three
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0007| years for each extension in which to apply to beneficial use the water,
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0008| for which a permit to appropriate has been issued or a water right has
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0009| vested, was appropriated or has been adjudicated.
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0010| C. Periods of nonuse when water rights are acquired by
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0011| incorporated municipalities or counties for implementation of their
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0012| water development plans or for preservation of municipal or county water
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0013| supplies shall not be computed as part of the four-year forfeiture
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0014| statute.
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0015| D. A lawful exemption from the requirements of beneficial
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0016| use, either by an extension of time or other statutory exemption, stops
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0017| the running of the four-year period for the period of the exemption, and
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0018| the period of exemption shall not be included in computing the four-year
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0019| period.
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0020| E. Periods of nonuse when the nonuser of acquired water
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0021| rights is on active duty as a member of the armed forces of this country
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0022| shall not be included in computing the four-year period.
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0023| F. The owner or holder of a valid water right or permit to
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0024| appropriate waters for agricultural purposes appurtenant to designated
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0025| or specified lands may apply the full amount of water covered by or
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0001| included in the water right or permit to any part of such designated or
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0002| specified tract without penalty or forfeiture.
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0003| G. Periods of nonuse when water rights are acquired and
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0004| placed in a water conservation program, which has been approved by the
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0005| state engineer, by a conservancy district organized pursuant to Chapter
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0006| 73, Articles 14 through 19 NMSA 1978 or an acequia or community ditch
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0007| association organized pursuant to Chapter 73, Article 2 NMSA 1978 or the
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0008| interstate stream commission shall not be computed as part of the four-year forfeiture period."
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0009| Section 2. Section 72-12-8 NMSA 1978 (being Laws 1931, Chapter
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0010| 131, Section 8, as amended) is amended to read:
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0011| "72-l2-8. WATER RIGHT FORFEITURE.--
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0012| A. When for a period of four years the owner of a water
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0013| right in any of the waters described in Sections 72-l2-l through 72-l2-28 NMSA l978 or the holder of a permit from the state engineer to
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0014| appropriate any such waters has failed to apply them to the use for
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0015| which the permit was granted or the right has vested, was appropriated
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0016| or has been adjudicated, the water rights shall be, if the failure to
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0017| beneficially use the water persists one year after notice and
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0018| declaration of nonuser given by the state engineer, forfeited and the
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0019| water so unused shall revert to the public and be subject to further
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0020| appropriation; provided that the condition of notice and declaration of
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0021| nonuser shall not apply to water which has reverted to the public by
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0022| operation of law prior to June l, l965.
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0023| B. Upon application to the state engineer at any time and a
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0024| proper showing of reasonable cause for delay or for nonuse or upon the
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0025| state engineer finding that it is in the public interest, the state
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0001| engineer may grant extensions of time for a period not to exceed three
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0002| years for each extension in which to apply to beneficial use the water
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0003| for which a permit to appropriate has been issued or a water right has
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0004| vested, was appropriated or has been adjudicated.
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0005| C. Periods of nonuse when irrigated farm lands are placed
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0006| under the acreage reserve program or conservation reserve program
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0007| provided by the Food Security Act of l985, PL 99-l98, shall not be
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0008| computed as part of the four-year forfeiture period.
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0009| D. Periods of nonuse when water rights are acquired and
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0010| placed in a water conservation program adopted by an artesian
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0011| conservancy district, conservancy district or the interstate stream
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0012| commission shall not be computed as part of the four-year forfeiture
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0013| statute.
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0014| E. A lawful exemption from the requirements of beneficial
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0015| use, either by an extension of time or other statutory exemption, stops
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0016| the running of the four-year period for the period of the exemption and
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0017| the period of exemption shall not be included in computing the four-year
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0018| period.
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0019| F. Periods of nonuse when water rights are acquired by
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0020| incorporated municipalities or counties for implementation of their
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0021| water development plans or for preservation of municipal or county water
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0022| supplies shall not be computed as part of the four-year forfeiture
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0023| statute.
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0024| G. Periods of nonuse when the nonuser of acquired water
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0025| rights is on active duty as a member of the armed forces of this country
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0001| shall not be included in computing the four-year period.
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0002| H. The owner or holder of a valid water right or permit to
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0003| appropriate waters for agricultural purposes appurtenant to designated
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0004| or specified lands may apply the full amount of water covered by or
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0005| included in that water right or permit to any part of such designated or
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0006| specified tract without penalty or forfeiture."
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0007|
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0008|
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0009| HB
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0010| 437
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0011| Page
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