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

RELATING TO WATER; PROVIDING FOR DETERMINATION OF WATER RIGHTS OF SYSTEMS ESTABLISHED PURSUANT TO THE SANITARY PROJECTS ACT.

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

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

"[NEW MATERIAL] WATER RIGHTS--RURAL DOMESTIC WATER SYSTEMS.--The state engineer shall determine all rights to the use of the waters by rural domestic water systems established pursuant to the Sanitary Projects Act whose original members obtained domestic water from ditches, springs, rivers or shallow wells. The determination shall be consistent with the average daily gallons of water per person diversion statewide among the systems as documented by the office of the state engineer in 1995 by categories in New Mexico counties and river basins and irrigated acreage and shall not result in a reduction of existing diversions."