FORTY-SIXTH LEGISLATURE

SECOND SESSION

February 14, 2004

HOUSE FLOOR AMENDMENT number ___1__ to SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR SENATE BILL 89, as amended

Amendment sponsored by Representative

    1. Strike Items 7 through 15 of Senate Floor Amendment 1.

    2. On page 6, strike lines 17 through 19 in their entirety and insert in lieu thereof the following new subsections:

         "C. The state engineer may limit a domestic well permit to no less than one-half acre-foot per year per household in a critical management area, unless the applicant transfers a water right pursuant to Subsection F of this section or discontinues use of an existing, permitted domestic well in that critical management area.

         D. The state engineer shall approve a domestic well for use of water in an amount equal to the amount of:

             (1) water rights transferred to that well pursuant to Subsection F of this section; or

             (2) water under an existing domestic well permit issued pursuant to Section 72-12-1.1 NMSA 1978 in the critical management area and for which the applicant has certified to the state engineer that the existing use has been discontinued and the existing well has been capped.

         E.".

    3. Reletter the succeeding subsections accordingly.

                                    _______________________________

Adopted ___________________ Not Adopted ________________________

          (Chief Clerk)                (Chief Clerk)

                  Date _________________