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|
SPONSOR: |
Stell |
DATE TYPED: |
02/04/02 |
HB |
417 |
||
|
SHORT TITLE: |
Pecos River Water Rights |
SB |
|
||||
|
|
ANALYST: |
Chabot |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or Non-Rec |
Fund Affected |
||
|
FY02 |
FY03 |
FY02 |
FY03 |
|
|
|
|
|
$0.1 See Narrative |
Non-Recurring |
OSF |
|
LFC Files
New Mexico Environment Department
Office of the State Engineer (OSE)
SUMMARY
Synopsis
of Bill
House Bill 417 extends
the 1988 appropriation from the Irrigation Works Construction Fund (Laws 1998,
Chapter 81, Sections 2, 3 and 4, Laws 1999 (1st S.S.) Chapter 2,
Section 84, and Laws 2000 (2nd S.S), Chapter 23, Section 95 to the
end of fiscal year 2005 for the purpose of purchasing and retiring water rights
along the Pecos river basin with the following additional conditions:
1. water
rights shall be purchased from willing sellers in an equal percentage, within a
two-point range, of the total irrigated acreage in each of the following areas
of the Pecos river:
(a) from
Santa Rosa to Macho draw;
(b) from
Macho draw to McMillan delta; and
(c) from
McMillan delta to the Texas state line.
2. the
offer for settlement of the Carlsbad irrigation district water rights
adjudication shall be based upon the full project water or assessment roles of
twenty-five thousand fifty-five acres; and
3. purchases
of water rights shall include the appurtenant land.
Significant
Issues
The state is obligated to meet compact water
delivery requirements to Texas and is under a United States Supreme Court
(USSC) decree to do so since 1988. The
state has been able to meet these requirements; however, it has been barely
able to do. The River Master will issue
an accounting by May 2002 for calendar year 2001. The state expects that they will meet the requirement but will
have used all reserves accumulated since 1987 in doing so. OSE states that water depletions in the
Pecos river basin must be reduced or water flow increased in order to meet the
compact requirements.
OSE suggests that this bill would allow
implementation of an element of the consensus plan developed for compliance
with the USSC decree. The current water
supply in the Pecos River basin is at below-average levels, and this bill would
allow actions to reduce use along the river.
Approximately $4 million dollars remains in the original appropriation.
OSE is concerned that the bill required them to
recognize the Carlsbad Irrigation District (CID) claim of having 25,055 acres
of irrigated land without finalizing adjudications. In addition, they state that having specified areas for purchase
may contribute to an imbalance by purchasing insufficient rights in one area
and more than needed in another.
Lastly, the purchases of appurtenance of land is only appropriate in CID
where water rights are tied to the land.
In other areas water rights are not tied to the land.
FISCAL IMPLICATIONS
The bill extends the
appropriation until the end of fiscal year 2004. Any unexpended or unencumbered balance remaining at the end of
fiscal year 2004 shall revert to the Irrigation Works Construction Fund.
CONFLICTS
OSE states that the provision for specific purchases by stretch of the Pecos river may conflict with HB 274 and SB 267 which do not have that provision.
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