45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO WATER; PROVIDING FOR MEDIATION AND ARBITRATION OF WATER RIGHTS DETERMINATIONS.

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

Section 1. A new section of Chapter 72, Article 4 NMSA 1978 is enacted to read:

"[NEW MATERIAL] MEDIATION AND ARBITRATION OF WATER RIGHTS.--

A. In any action for the determination of a right to use the waters of any stream system pursuant to the provisions of Chapter 72, Article 4 NMSA 1978, the state engineer and the attorney general shall enter into diligent and good faith mediation with all those whose claim to the use of such waters of record and all other claimants, so far as they can be ascertained, with reasonable diligence prior to any offers of judgment or suit being filed by the state engineer or the attorney general. If mediation fails to produce an agreement within one year of initiating mediation, the state engineer and attorney general shall enter into binding arbitration.

B. A mediation process involving water rights within an irrigation district, conservancy district or acequia shall involve the governing board of the district or acequia and all hydrographic surveys, maps, legal descriptions and other information relevant to the water rights claims shall be made available to the claimants.

C. No offers of judgment shall be made without full participation by the irrigation or conservancy district or acequia and the reconciliation of hydrographic surveys and tax assessment records of the district or acequia.

D. No individual offers of judgment shall be finalized until all landowner members or parciantes have been joined and participated in mediation."