FORTY-FOURTH LEGISLATURE

FIRST SESSION, 1999





March 12, 1999





Mr. Speaker:



Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has been referred



SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 84, as amended



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



1. Strike House Energy and Natural Resources Committee Amendments 1, 7, 11 and 13 through 25.



2. On page 3, line 4, after "Act" insert "but shall not include in situ leach mining operations or water flood operations for petroleum recovery that require approval by the state engineer outside the Ground Water Storage and Recovery Act".



3. On page 3, line 21, after "act" insert a period, strike the remainder of the line and strike lines 22 through 24 in their entirety.



4. On page 4, strike lines 24 and 25 in their entirety.



5. On page 5, strike lines 1 through 3 in their entirety and insert in lieu thereof:

"(10) evidence that the applicant has a valid water right quantified by one of the following legal processes:



(a) a water rights adjudication;



(b) a consent decree;



(c) an act of congress, including a negotiated settlement ratified by congress;



(d) a contract pursuant to 43 USC 620 et. seq.; or



(e) an agreement with an owner who has a valid water right subject to an application for a change in purpose, place of use or point of diversion;".



6. On page 9, strike lines 1 through 5 in their entirety and insert in lieu thereof:



"(7) the applicant has a valid water right quantified by one of the following legal processes:



(a) a water rights adjudication;



(b) a consent decree;



(c) an act of congress, including a negotiated settlement ratified by congress;



(d) a contract pursuant to 43 USC 620 et. seq.; or

(e) an agreement with an owner who has a valid water right subject to an application for a change in purpose, place of use or point of diversion; and".



7. On page 9, line 24, after "effect" insert ", including an Indian nation, tribe or pueblo".



8. On page 10, line 25, strike "as the water was used" and insert in lieu thereof "for which the water was authorized".



9. On page 11, line 1, strike "a change of" and insert in lieu thereof "an" and after "application" insert "for a change in the purpose of use, place of use or point of diversion".



10. On page 12, line 23, after "person" insert "or governmental entity".



11. On page 13, line 1, after "person" insert "or governmental entity".



12. On page 13, line 4, after "person" insert "or governmental entity".



13. On page 13, line 5, after "person" insert "or governmental entity".



14. On page 13, line 6, after "person's" insert "or governmental entity's".



15. On page 13, line 8, after "person" insert "or governmental entity".



16. On page 13, line 11, after "person" insert "or governmental entity".



17. On page 13, line 14, after "person" insert "or governmental entity".



18. On page 13, line 15, after "person" insert "or governmental entity".



19. On page 14, line 2, after "person" insert "or governmental entity".



20. On page 14, line 4, after "person" insert "or governmental entity".



21. On page 14, line 12, after "person who" insert "or governmental entity that".



22. On page 15, line 1, strike "74-1-14" and insert in lieu thereof "74-1-13".



23. On page 15, after line 3, insert the following new sections:



"Section 14. OBLIGATIONS TO INDIAN NATIONS, TRIBES OR PUEBLOS.--Nothing in the Ground Water Storage and Recovery Act shall be construed to affect the obligations of the United States to Indian nations, tribes or pueblos or to impair the rights of Indian nations, tribes or pueblos.



Section 15. NON-EXEMPTION FROM PRIOR APPROPRIATION DOCTRINE.--Unless required by interstate obligations, nothing in the Ground Water Storage and Recovery Act shall be construed to exempt stored water from the provision that priority in time shall give the better right pursuant to Chapter 72 NMSA 1978 or priority of appropriation shall give the better right pursuant to Article 16, Section 2 of the constitution of New Mexico.



Section 16. LIMITATION OF DETERMINATION.--Any determination made by the state engineer for purposes of the Ground Water Storage and Recovery Act is not binding in any other proceeding.



Section 17. DELAYED IMPLEMENTATION.--A governmental entity shall not submit an application pursuant to the Ground Water Storage and Recovery Act and the state engineer shall not process an application, issue a regulation pursuant to that act or implement any part of that act unless the state engineer has been appropriated enough money or has sufficient resources to carry out the provisions of that act.".





Respectfully submitted,







Max Coll, Chairman





Adopted Not Adopted

(Chief Clerk) (Chief Clerk)



Date



The roll call vote was 16 For 0 Against

Yes: 16

Excused: Watchman

Absent: None





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