44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO NATURAL RESOURCES; AUTHORIZING THE NEGOTIATION BY THE STATE GAME COMMISSION FOR THE ACQUISITION OF EAGLE NEST DAM AND RESERVOIR.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. FINDINGS.--The legislature finds that:

A. Eagle Nest dam and reservoir is a valuable asset that would provide for the state needed recreational value in the form of boating and fishing, wildlife value as a nature reserve, economic value through the use of its appurtenant water rights and flood control value in its excess of seventy-eight thousand acre-feet of reservoir storage and, if properly managed, could add substantially to the public welfare of the state;

B. Eagle Nest dam and reservoir is available for acquisition by the state and its acquisition by the state would preserve this valuable asset for future generations of New Mexicans; and

C. previous legislative memorials have urged the acquisition of Eagle Nest dam and reservoir by the state and it is in the public interest of the state to enter into negotiations for its acquisition.

Section 2. STATE GAME COMMISSION--DUTY TO NEGOTIATE.--

A. The state game commission shall enter into negotiations with the owners of Eagle Nest dam and reservoir for acquisition of all or part of the asset through cash purchase, land exchanges or other arrangements acceptable to the parties.

B. In negotiating a value for Eagle Nest dam and reservoir, the price shall be based upon bona fide appraisals using techniques and practices acceptable in the trade and shall consider the costs to the state should the dam and reservoir become an asset of the state.

C. The state game commission shall report the result of the negotiations and its recommendations to the second session of the forty-fourth legislature.

Section 3. DELAYED REPEAL.--The provisions of this act are repealed February 1, 2000.