March 3, 2001

Mr. Speaker:

Your AGRICULTURE AND WATER RESOURCES COMMITTEE, to whom has been referred

HOUSE BILL 834

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

1. On page 3, strike Subsection C in its entirety and insert in lieu thereof a new Subsection C to read:

"C. The state engineer shall approve an application for a well permit as a change in the point of diversion of an existing surface right, not to exceed the vested right, if:

(1) the right has a priority date prior to 1907;

(2) the natural flow of the stream and the underground water supply are hydrologically connected as demonstrated by the applicant; and

(3) a public hearing is held pursuant to Chapter 72, Article 2 NMSA 1978.",

and thence referred to the JUDICIARY COMMITTEE.

Respectfully submitted,

Joe M Stell, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 6 For 0 Against

Yes: 6

Excused: Gubbels, Regensberg, Begaye

Absent: None

.137524.2

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