0001|                            HOUSE BILL 221
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                            G. X. McSHERRY
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0005|     
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0006|                                   
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0007|     
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0008|       FOR THE WATER, UTILITIES AND NATURAL RESOURCES COMMITTEE
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO WATER; AMENDING A SECTION OF THE NMSA 1978 TO
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0012|     PROVIDE FOR A FORTY-YEAR WATER USE PLANNING PERIOD.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 72-1-9 NMSA 1978 (being Laws 1985,
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0016|     Chapter 198, Section 1, as amended by Laws 1990, Chapter 11,
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0017|     Section 1 and also by Laws 1990, Chapter 40, Section 1) is
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0018|     amended to read:
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0019|          "72-1-9.  MUNICIPAL, COUNTY, |NONPROFIT COMMUNITY WATER
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0020|     SYSTEM| AND STATE UNIVERSITY WATER DEVELOPMENT PLANS--
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0021|     PRESERVATION OF MUNICIPAL, COUNTY AND STATE UNIVERSITY WATER
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0022|     SUPPLIES.--
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0023|               A.  It is recognized by the state of New Mexico
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0024|     that it promotes the public welfare and the conservation of
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0025|     water within the state for municipalities, counties,
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0001|     |nonprofit community water systems|, state universities and
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0002|     public utilities supplying water to municipalities or counties
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0003|     to plan for the reasonable development and use of water
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0004|     resources.  The state further recognizes the state engineer's
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0005|     administrative policy of not allowing municipalities, counties 
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0006|     and state universities to acquire and hold unused water rights
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0007|     in an amount greater than their reasonable needs within forty
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0008|     years ~[and recognizes that this administrative policy was
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0009|     incorporated into law by Chapter 2 of Laws 1983]~.
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0010|               B.  Municipalities, counties, |nonprofit community
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0011|     water systems|, state universities and public utilities
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0012|     supplying water to municipalities or counties shall be allowed
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0013|     a water use planning period not to exceed forty years ~[and]~. 
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0014|     Water rights for municipalities, counties, |nonprofit
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0015|     community water systems|, state universities and public
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0016|     utilities supplying water to such municipalities or counties
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0017|     shall be based upon a water development plan the
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0018|     implementation of which shall not exceed a forty-year period
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0019|     from the date of the application for an appropriation or a
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0020|     change of place or purpose of use pursuant to a water
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0021|     development plan or for preservation of a municipal, county,
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0022|     |nonprofit community water system| or state university water
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0023|     supply for reasonably projected additional needs within forty
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0024|     years.
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0025|               |C.  As used in this section, "nonprofit community
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0001|     water system" means a nonprofit water system serving at least
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0002|     fifteen water taps or twenty-five persons.|"
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