46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO WATER; PLACING LIMITS ON NEW APPROPRIATIONS OF WATER AND CHANGES IN PLACE OR PURPOSE OF USE OF WATER RIGHTS IN CERTAIN STREAM SYSTEMS.
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] STATE ENGINEER.--The state engineer shall not approve any new appropriations of water, or changes in place or purpose of use of a water right, in a stream system unless:
A. there are no water rights in that stream system held by an Indian nation, tribe or pueblo;
B. the water rights held by an Indian nation, tribe or pueblo in that stream system have been quantified in an adjudication for which a final order has been issued; or
C. water use in the stream system is fully monitored and the water rights in the stream system are being actively administered on a priority basis."