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

RELATING TO WATER; ADDING PUBLIC UTILITIES SUPPLYING WATER TO PERSONS OTHER THAN MUNICIPALITIES OR COUNTIES TO THOSE ENTITIES THAT ARE ALLOWED A FORTY-YEAR WATER USE PLANNING PERIOD.

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

Section 1. Section 72-1-9 NMSA 1978 (being Laws 1985, Chapter 198, Section 1, as amended) is amended to read:

"72-1-9. MUNICIPAL, COUNTY, MEMBER-OWNED COMMUNITY WATER SYSTEMS AND STATE UNIVERSITY WATER DEVELOPMENT PLANS--PRESERVATION OF MUNICIPAL, COUNTY AND STATE UNIVERSITY WATER SUPPLIES.--

A. It is recognized by the state [of New Mexico] that it promotes the public welfare and the conservation of water within the state for municipalities, counties, state universities, member-owned community water systems, municipal water users' associations and public utilities supplying water to [municipalities or counties] any person to plan for the reasonable development and use of water resources. The state further recognizes the state engineer's administrative policy of not allowing municipalities, public utilities, member-owned community water systems, counties and state universities to acquire and hold unused water rights in an amount greater than their reasonable needs within forty years.

B. Municipalities, counties, state universities, member-owned community water systems, municipal water users' associations and public utilities supplying water to [municipalities or counties] any person shall be allowed a water use planning period not to exceed forty years, and water rights for municipalities, counties, state universities,

member-owned community water systems, municipal water users' associations and public utilities supplying water to [such municipalities or counties] any person shall be based upon a water development plan the implementation of which shall not exceed a forty-year period from the date of the application for an appropriation or a change of place or purpose of use pursuant to a water development plan or for preservation of a municipal, county, public utility supplying water to any person, member-owned community water system or state university water supply for reasonably projected additional needs within forty years."