AN ACT
RELATING TO WATER; PROVIDING WATER
BANKING AUTHORITY TO ACEQUIAS AND COMMUNITY DITCHES.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. WATER BANKING--ACEQUIAS AND COMMUNITY
DITCHES.--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. An acequia or community ditch
water bank established pursuant to this section is not subject to recognition
or approval by the interstate stream commission or the state engineer.
Section 2. Section 72-1-2.3 NMSA 1978 (being Laws 2002,
Chapter 77, Section 1) is amended to read:
"72-1-2.3. LOWER PECOS RIVER BASIN BELOW SUMNER LAKE
WATER BANK--ACEQUIA AND COMMUNITY DITCH WATER BANKS--INTERSTATE STREAM
COMMISSION.--
A. The interstate stream commission may
recognize a water bank established by an irrigation district, a conservancy
district, an artesian conservancy district, a community ditch, an acequia or a
water users association in the lower Pecos river basin below Sumner lake for
purposes of compliance with the Pecos River Compact.
B. The interstate stream commission shall
propose and recommend to the state engineer for adoption rules for recognition
of a water bank that include:
(1) criteria, terms and conditions for deposit of
a water right in the bank;
(2) terms and conditions for the accrual,
pooling, exchange, assignment and conditions of the deposit of a water right;
(3) procedures for recording and annual reporting
of all transactions to the interstate stream commission and the state engineer;
and
(4) procedures for the water bank to temporarily
transfer deposited water to new purposes and places of use and points of
diversion without formal proceedings before the state engineer.
C. A lower Pecos river basin below Sumner lake
water bank may contract with a person to accrue, pool, exchange, assign or
lease water rights to facilitate compliance with the Pecos River Compact. A transaction and transfer of water by a
water bank in the Pecos river basin shall:
(1) not impair other water rights;
(2) not deplete water in the system above that
level that would have occurred in the absence of the transaction;
(3) comply with state law; and
(4) be within the same stream system or underground
water source."
Section 3. Section 72-1-2.3 NMSA 1978 (being Laws 2002,
Chapter 77, Section 1, as amended) is repealed effective December 31, 2005.
HB 302
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