0001|                       HOUSE JOINT MEMORIAL 28
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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|                           STEVEN E. PEARCE
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                           A JOINT MEMORIAL
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0011|     REQUESTING STUDIES AND A LITIGATION EVALUATION OF THE IMPACTS
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0012|     TO NEW MEXICO WATER RESOURCES AND OTHER INTERESTS DUE TO
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0013|     UNRESTRICTED WATER PUMPING BY TEXAS RESIDENTS AT THE TEXAS-NEW
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0014|     MEXICO BORDER ADJACENT TO LEA COUNTY, NEW MEXICO.
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0015|     
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0016|          WHEREAS, the Ogallala aquifer underlies one hundred
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0017|     seventy-four thousand square miles in South Dakota, Wyoming,
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0018|     Nebraska, Colorado, Kansas, Oklahoma, Texas and New Mexico;
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0019|     and
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0020|          WHEREAS, the Ogallala aquifer is the only source of water
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0021|     for many communities in eastern New Mexico and west Texas; and
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0022|          WHEREAS, the depth to ground water in the Ogallala
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0023|     aquifer is highly variable, Texas and New Mexico having a
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0024|     greater share of depths to water at more than two hundred
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0025|     feet; and
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0001|          WHEREAS, New Mexico is on an upslope in the Ogallala
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0002|     aquifer from which pumping at the downslope of the aquifer in
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0003|     Texas drains water from New Mexico; and
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0004|          WHEREAS, in recent years unrestricted pumping by Texas
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0005|     residents from the Ogallala aquifer in Texas at the Texas-New
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0006|     Mexico border has dramatically increased, resulting in
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0007|     noticeably severe declines in New Mexico wells drawing from
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0008|     the Ogallala aquifer in Lea county; and
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0009|          WHEREAS, since Texas does not limit, restrict or regulate
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0010|     the pumping of water to the same extent imposed in this state
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0011|     by law and regulation, New Mexicans cannot resort to
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0012|     comparable pumping to attempt to mitigate the effects of the
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0013|     unregulated Texas pumping; and 
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0014|          WHEREAS, creating a "buffer zone" five miles wide along
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0015|     the Texas-New Mexico border in Lea county from which unlimited
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0016|     New Mexico pumping of the Ogallala aquifer would be permitted
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0017|     could achieve more agricultural development in New Mexico by
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0018|     using the water that is currently appropriated from under New
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0019|     Mexico by Texas' pumping and could likely enhance New Mexico's
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0020|     negotiating stance with its Texas counterparts to resolve the
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0021|     inequitable use of the Ogallala aquifer's limited water
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0022|     resources by Texas to the detriment of New Mexico;
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0023|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0024|     STATE OF NEW MEXICO that the state engineer evaluate,
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0025|     determine and exercise his authority with respect to
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0001|     establishing and permitting a five-mile wide buffer zone along
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0002|     the Texas-New Mexico border in Lea county for unrestricted and
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0003|     unlimited pumping by New Mexico to counteract the impacts
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0004|     created by unrestricted pumping of the Ogallala aquifer
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0005|     permitted by Texas; and
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0006|          BE IT FURTHER RESOLVED that an appropriate interim
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0007|     committee of the legislature study and make recommendations to
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0008|     the full legislature on the facts and impacts of and
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0009|     resolution alternatives to Texas' border pumping; and 
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0010|          BE IT FURTHER RESOLVED that the attorney general evaluate
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0011|     whether New Mexico should stop, counteract and resolve the
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0012|     unrestricted pumping in Texas being done to the detriment of
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0013|     New Mexico and its citizens and, if so, initiate litigation or
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0014|     alternative legal methods to do so; and 
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0015|          BE IT FURTHER RESOLVED that a copy of this memorial be
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0016|     transmitted to members of the New Mexico legislative council,
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0017|     the state engineer and the attorney general.
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0018|                              
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