HOUSE JOINT MEMORIAL 33

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

James Roger Madalena

A JOINT MEMORIAL

REQUESTING PROTECTION OF ABORIGINAL SENIOR WATER RIGHTS OF THE NATIVE AMERICAN NATIONS, PUEBLOS AND TRIBES.

     WHEREAS, water is indispensable to sustain the cultures of New Mexico; and

     WHEREAS, New Mexico water law is based on the doctrine of prior appropriation; and

     WHEREAS, Article 16 of the constitution of New Mexico recognizes the doctrine of prior appropriation; and

     WHEREAS, the doctrine of prior appropriation means the superior right by reason of first use; and

     WHEREAS, the Native American nations, pueblos and tribes of New Mexico were the aboriginal inhabitants of the lands within New Mexico; and

     WHEREAS, the Native American nations, pueblos and tribes of New Mexico have water rights senior to all other water rights within New Mexico; and

     WHEREAS, the Native American nations, pueblos and tribes of New Mexico wish to work together with New Mexico state government to ensure the continuing beneficial use of water throughout New Mexico as long as the nations', pueblos' and tribes' superior rights are protected;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the senior water rights of the New Mexico Native American nations, pueblos and tribes be protected during efforts to reach a comprehensive water use plan for the entire state of New Mexico; and

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

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