HOUSE ENERGY AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE JOINT MEMORIAL 43

46th legislature - STATE OF NEW MEXICO - second session, 2004

A JOINT MEMORIAL

REQUESTING THAT THE STATE ENGINEER AND THE INTERSTATE STREAM COMMISSION INVOLVE MUNICIPAL, INDUSTRIAL AND AGRICULTURAL STAKEHOLDERS IN THE SAN JUAN RIVER BASIN IN DISCUSSIONS TO ADDRESS WATER ISSUES.

     WHEREAS, the state engineer has statutory responsibility for general supervision and the measurement, appropriation and distribution of the state's waters and, therefore, filed an adjudication suit in 1976 to define all water rights within the San Juan river basin; and

     WHEREAS, final determination of all water rights will relieve economic and social uncertainty to water stakeholders within the basin; and

     WHEREAS, the state engineer is currently negotiating a settlement with the Navajo Nation to define the extent and nature of the Navajo Nation's water rights, which may save the state the financial burden of litigation, including saving tax dollars; and

     WHEREAS, it is in the best interest of New Mexico to negotiate structured water rights settlements with Indian nations, tribes and pueblos whenever possible because uncertainty by water users about water rights leads to substantial litigation costs, jeopardizes economic development and promotes dissension within communities; and

     WHEREAS, considering the length of time it takes to introduce and pass federal water legislation, it is important that the proposed settlement agreement and its companion federal legislation be introduced in 2004; and

     WHEREAS, the state engineer and the Navajo Nation have developed a completion schedule for settlement of the Navajo Nation's water rights that includes a settlement approved by congress that will be enacted into law by October 2006 and the partial final decree entered; and

     WHEREAS, the proposed Navajo settlement authorizes the United States to fund the construction of a pipeline to provide drinking water to areas of the Navajo Nation that lack a drinking water source; and

     WHEREAS, the settlement provides that over a ten-year period New Mexico will contribute at least twenty-five million dollars ($25,000,000) to a dedicated Navajo Nation water development trust fund through its share of settlement implementation costs; and

     WHEREAS, San Juan river basin water users want to understand the relationship of the total maximum depletions resulting from the proposed settlement, final adjudication of water rights, anticipated water supply availability and the Upper Colorado River Basin Compact; and

     WHEREAS, the available surface flow has been affected by several years of drought within the San Juan river basin, and in response to the continuing drought, the state engineer established an ad hoc committee to provide a forum for discussion and negotiation of short-term shortage sharing agreements; an agreement was reached and implemented in 2003; and

     WHEREAS, the state engineer is drafting active water resource management regulations to establish and organize water districts, to appoint water masters and to authorize the development of water master manuals designed to meet the unique needs of a river system; and

WHEREAS, to the extent resources are available, the state engineer could expedite the San Juan river water rights adjudication by involving municipal, industrial and agricultural water users in the San Juan river basin, which would aid in the settlement process and in the administration of water rights within the stream system; and

WHEREAS, representatives of the Navajo Nation are willing to meet with and listen to the concerns of non-Navajo water users; and

WHEREAS, the proposed settlement would give Gallup the opportunity to address its water rights needs, and the mayor of Gallup supports the proposed settlement;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the state engineer be requested to begin informal processes that involve municipal, industrial and agriculture users to address, to the extent possible, water issues such as diversion and consumptive use quantities, priority and other elements that define a water right; and

BE IT FURTHER RESOLVED that the state engineer release all proposed active water resource management regulations relating to the San Juan river basin as soon as possible to allow stakeholders to become familiar with the future scheme for managing the San Juan river basin; and

BE IT FURTHER RESOLVED that the ad hoc committee continue efforts to develop short-term shortage sharing policies and agreements during the state's continued period of drought; and

BE IT FURTHER RESOLVED that the state legislature approve the funding commitment required for settlement of the Navajo Nation water rights prior to the submission of the proposed settlement to the adjudication court for its approval; and

BE IT FURTHER RESOLVED that the state engineer and the interstate stream commission report back to the appropriate interim legislative committee prior to the next regular session on the status of the San Juan river water rights adjudication; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the state engineer and the interstate stream commission.

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