46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO WATER; PROVIDING PROTECTION FOR WATER RIGHTS CONSERVED AS A RESULT OF PUTTING WATER-SAVING TECHNIQUES INTO PRACTICE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 72-5-18 NMSA 1978 (being Laws 1907, Chapter 49, Section 43, as amended) is amended to read:

"72-5-18. WATER ALLOWANCE.--In the issuance of permits to appropriate water for irrigation or in the adjudication of the rights to the use of water for [such purposes] that purpose, the amount allowed shall be based upon beneficial use and in accordance with good agricultural practices and the amount allowed shall not exceed such amount. The state engineer shall permit the amount allowed to be diverted at a rate consistent with good agricultural practices and [which] that will result in the most effective use of available water in order to prevent waste. Improved irrigation methods resulting in the conservation of water shall not affect an owner's water rights."