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F I S C A L I M P A C T R E P O R T
SPONSOR Madalena
DATE TYPED 2/10/2005 HB HJM 33
SHORT TITLE Protection of Native American Water Rights
SB
ANALYST Aguilar
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Department of Indian Affairs (DIA)
New Mexico Environment Department (NMED)
SUMMARY
Synopsis of Bill
House Joint Memorial 33 requests protection of aboriginal senior water rights of Native Ameri-
can nations, pueblos and tribes in New Mexico during efforts to reach a comprehensive water use
plan for the entire state of New Mexico;
Significant Issues
Section 72-14-3.1 NMSA 1978) requires the Interstate Stream Commission and the Office of the
State Engineer consult directly with the tribal governments to formulate a statement of policy
and process to guide the coordination of tribal water plans within the state water plan and the fi-
nal adjudication of all water rights claims by NM tribes.
The policy statements require “no injury to Pueblo and Tribal water rights” and acknowledge
that a meaningful process occur prior to finalizing tribal water claims. The state made a com-
mitment to continue its practice of consulting in good faith. Further, there is a clear recognition