HOUSE BILL 163

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Candy Spence Ezzell

AN ACT

RELATING TO WATER; ENACTING A NEW SECTION OF CHAPTER 73, ARTICLE 1 NMSA 1978 TO PROVIDE CONDITIONS FOR WATER RIGHTS TRANSFERS OUT OF AN ARTESIAN CONSERVANCY DISTRICT.

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

     Section 1. A new section of Chapter 73, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ARTESIAN CONSERVANCY DISTRICT--CONDITIONS FOR TRANSFER OF WATER RIGHTS OUTSIDE THE DISTRICT.--An applicant seeking approval of an application filed with the state engineer to change the place of use of ground water from within an artesian conservancy district organized pursuant to Chapter 73, Article 1 NMSA 1978 to a place of use outside the boundaries of the district shall show that the application is not contrary to the conservation of water within the district or detrimental to the public welfare of the district. An application approved by the state engineer pursuant to this section shall condition the continued appropriation of water to compensation to be paid to the district pursuant to Section 73-1-22 NMSA 1978. When an application is approved by the state engineer pursuant to this section, the owner of the transferred water right shall be assessed as though the water right was appurtenant to the land as previously assessed for levy and collection of fees due to the district."

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