HOUSE BILL 215

44th legislature - STATE OF NEW MEXICO - second session, 2000

INTRODUCED BY

Stevan Pearce







AN ACT

RELATING TO PUBLIC LANDS; ALLOWING COMPENSATION FOR WATERSHED IMPROVEMENTS ON PUBLIC LANDS.



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

Section 1. Section 19-7-15 NMSA 1978 (being Laws 1963, Chapter 237, Section 2, as amended) is amended to read:

"19-7-15. DEFINITION OF IMPROVEMENTS.--The word "improvements", [herein] as used in Sections 19-7-14 through 19-7-18 NMSA 1978, shall include appurtenant water rights, watershed improvements and all improvements placed upon the land in compliance with Section [7-8-53 NMSA 1953] 19-7-51 NMSA 1978 and shall include those appurtenant water rights and improvements placed upon the land prior to March 1, 1955, whether or not the value [be] is in excess of the amount prescribed by Section [7-8-53 NMSA 1953] 19-7-51 NMSA 1978. Appurtenant water rights and improvements placed upon the land after March 1, 1955 but prior to March 1, 1975 may be included by the commissioner in accordance with rules and regulations adopted by the commissioner."

Section 2. Section 19-7-51 NMSA 1978 (being Laws 1912, Chapter 82, Section 22, as amended) is amended to read:

"19-7-51. IMPROVEMENTS ON GRAZING OR AGRICULTURAL LEASE--VALUE--LIMITATION--FIXTURES.--

A. [Sec. 22.] Except by the express written consent of the commissioner, improvements upon leased state lands held under one lease shall be limited as follows:

(1) upon those leased for grazing purposes, fences [only] at a cost not exceeding one hundred [and] fifty dollars [($150.00)] ($150) per mile and necessary corrals at a cost not exceeding two hundred dollars [($200.00)] ($200);

(2) upon those leased for agricultural purposes, fences at a cost not exceeding one hundred [and] fifty dollars [($150.00)] ($150) per mile for exterior boundaries and seventy-five dollars ($75.00) per mile for inside cross-fences;

(3) barns, dwellings and all other buildings at a total cost not exceeding six hundred dollars [($600.00)] ($600);

(4) wells and irrigation systems at a total cost not exceeding one thousand dollars [($1000.00)] ($1,000); [and]

(5) for improvements to the land such as orchards, plowed land and crops, [etc. the amount allowed shall be only] the amount added to the natural value of the land by such improvement, but in no case to exceed a total of ten dollars ($10.00) per acre for lands actually so improved; and

(6) for watershed improvements, the cost of those improvements.

B. For the purposes of [this] Chapter 19 NMSA 1978, fences and growing crops shall be considered as movable improvements and all other improvements as permanent improvements."

- 3 -