SB 61
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AN ACT
RELATING TO WATER; AMENDING A SECTION OF THE NMSA 1978 TO
EXTEND ELIGIBILITY FOR THE FORTY-YEAR WATER USE PLANNING
PERIOD TO SCHOOL DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 72-1-9 NMSA 1978 (being Laws 1985,
Chapter 198, Section 1, as amended) is amended to read:
"72-1-9. MUNICIPAL, COUNTY, MEMBER-OWNED COMMUNITY
WATER SYSTEMS, SCHOOL DISTRICT AND STATE UNIVERSITY WATER
DEVELOPMENT PLANS--PRESERVATION OF MUNICIPAL, COUNTY AND
STATE UNIVERSITY WATER SUPPLIES.--
A. It is recognized by the state that it promotes
the public welfare and the conservation of water within the
state for municipalities, counties, school districts, state
universities, member-owned community water systems, special
water users' associations and public utilities supplying
water to municipalities or counties to plan for the
reasonable development and use of water resources. The state
further recognizes the state engineer's administrative policy
of not allowing municipalities, member-owned community water
systems, counties and state universities to acquire and hold
unused water rights in an amount greater than their
reasonable needs within forty years.
B. Municipalities, counties, school districts,
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SB 61
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state universities, member-owned community water systems,
special water users' associations and public utilities
supplying water to municipalities or counties shall be
allowed a water use planning period not to exceed forty
years, and water rights for municipalities, counties, school
districts, state universities, member-owned community water
systems, special water users' associations and public
utilities supplying water to such municipalities or counties
shall be based upon a water development plan the
implementation of which shall not exceed a forty-year period
from the date of the application for an appropriation or a
change of place or purpose of use pursuant to a water
development plan or for preservation of a municipal, county,
school district, member-owned community water system or state
university water supply for reasonably projected additional
needs within forty years."