AN ACT
RELATING TO WATER; AMENDING SECTION
72-4-15 NMSA 1978 (BEING LAWS 1907, CHAPTER 49, SECTION 20, AS AMENDED) TO
PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION IN WATER RIGHTS ADJUDICATIONS.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 72-4-15 NMSA 1978 (being Laws 1907,
Chapter 49, Section 20, as amended) is amended to read:
"72-4-15. WATER RIGHTS--SUIT TO ADJUDICATE--ALTERNATIVE
DISPUTE RESOLUTION.--
A. Upon the completion of the hydrographic
survey of any stream system, the state engineer shall deliver a copy of so much
of the survey as may be necessary for the determination of all rights to the
use of the waters of the system, together with all other data in his possession
necessary for the determination, to the attorney general of the state who
shall, at the request of the state engineer, enter suit on behalf of the state
for the determination of all rights to the use of the water in order that the
amount of unappropriated water subject to disposition by the state under the
terms of this chapter may become known, and shall
diligently prosecute the suit to a
final adjudication. If suit for the
adjudication of such rights has been begun by private parties, the attorney
general shall not be required to bring suit; provided, however, that the
attorney general shall intervene in any suit for the adjudication of rights to
the use of water, on behalf of the state, if notified by the state engineer
that in his opinion the public interest requires such action.
B. Following an initial offer of settlement, if
a water rights claimant disputes the settlement offer and requests alternative
dispute resolution, the attorney general or the office of the state engineer
shall engage in alternative dispute resolution processes pursuant to the
Governmental Alternative Dispute Resolution Act with the claimant. Technical experts or witnesses may also
participate in the alternative dispute resolution process."
HB 204
Page 2