February 10, 2002

Mr. Speaker:

Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to whom has been referred

HOUSE BILL 421, as amended

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

1. On page 1, line 12, after "COMPACT" insert "; PROVIDING FOR ACEQUIA AND COMMUNITY DITCH WATER BANKS".

2. On page 1, line 15, after the dash insert "ACEQUIA AND COMMUNITY DITCH WATER BANKS--".

3. On page 2, line 11, after "new" insert "purposes and" and after "use" insert "and points of diversion".

4. On page 2, between lines 12 and 13, insert the new Subsection C to read:

"C. An acequia or community ditch may establish a water bank for the purpose of temporarily reallocating water without change of purpose of use or point of diversion to augment the water supplies available for the places of use served by the acequia or community ditch. The acequia or community ditch water bank may make temporary transfers of place of use without formal proceedings before the state engineer, and water rights placed in the acequia or community ditch water bank shall not be subject to loss for non-use during the period the rights are placed in the water bank. Acequia or community ditch water banks established pursuant to this subsection are not subject to recognition or approval by the interstate stream commission or the state engineer, and are not subject to the rules established pursuant to the provisions of Subsection B of this section for lower Pecos river basin below Sumner lake water banks.".

5. Reletter the succeeding subsections accordingly.

6. On page 5, line 15, after "commission" insert "or an acequia or community ditch water bank".

7. On page 8, line 4, after "commission" insert "or an acequia or community ditch water bank".

Respectfully submitted,

Mimi Stewart, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 5 For 0 Against

Yes: 5

Excused: None

Absent: Marquardt, Wallace

.141528.3

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