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| SPONSOR: | HAGC | DATE TYPED: | 03/16/01 | HB | 247 & 576/HAGCS | ||
| SHORT TITLE: | Preserve Acequia & Ditch Water Rights | SB | |||||
| ANALYST: | Dotson | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY01 | FY02 | FY01 | FY02 | ||
| NFI | |||||
SOURCES OF INFORMATION
LFC Files
Majority Analyst assigned to the House Agriculture and Water Resources Committee (HAWRC)
New Mexico Acequia Association (NMAA)
New Mexico Ditch Association
Office of the State Engineer (SEO)
SUMMARY
Synopsis of Bill
This bill would exempt an acequia or community ditch association from Section 72-5-28 NMSA, FAILURE TO USE WATER-FORFEITURE. The specific language proposed is as follows:
" Water rights owned by an acequia or community ditch association are not subject to forfeiture for nonuse after July1, 2001."
The bill changes and clarifies section 73-2-22.1. ACEQUIA AND COMMUNITY DITCH ASSOCIATIONS-ADDITIONAL POWERS-WATER RIGHTS ACQUISITION-NONFOR-FEITURE.
Significant Issues
NMAA states that the purpose of the bill is to grant the same status to acequias and ditch associations that exist for other public entities and political subdivisions in the mater of water rights forfeiture and abandonment. Acequias are political subdivisions of the state (NMSA 1978 Section 73-2-28) and want the same forfeiture provisions that exist for conservancy districts. The applicable statute for conservancy district states water rights "shall not be lost...for non use of the waters." (NMSA 1978 Section 73-17-21).
The bill specifies that only "property owned" by the acequia or community ditch association would be covered by the bill. Water rights owned by individuals would not be covered by the bill.
Under this bill, acequias and community ditch associations could preserve their members water rights if the water rights of the individuals are transferred to the acequia or community ditch association.
PD/ar