SENATE BILL 693

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO SUBDIVISIONS; REQUIRING, FOR CERTAIN SUBDIVISIONS, THAT A SUBDIVIDER PROVIDE A COPY OF A PERMIT ISSUED BY THE STATE ENGINEER.

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

     Section 1. Section 47-6-11.2 NMSA 1978 (being Laws 1995, Chapter 212, Section 13) is amended to read:

     "47-6-11.2. WATER PERMIT REQUIRED FOR FINAL PLAT APPROVAL.--[A. Until July 1, 1997] Before approving the final plat for a subdivision containing [twenty] five or more parcels, any one of which is two acres or less in size, the board of county commissioners shall require that the subdivider provide a copy of a permit obtained from the state engineer, issued pursuant to Section 72-5-1, 72-5-23 or 72-5-24 NMSA 1978, or if the subdivision is located within a declared underground water basin, provide a copy of a permit obtained from the state engineer issued pursuant to those sections or to Section 72-12-3 or 72-12-7 NMSA 1978 for the subdivision water use. In acting on the permit application, the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. The board of county commissioners shall not approve the final plat unless the state engineer has so issued a permit for the subdivision water use.

          [B. On or after July 1, 1997, before approving the final plat for a subdivision containing twenty or more parcels, any one of which is two acres or less in size, the board of county commissioners may require that the subdivider provide a copy of a permit obtained from the state engineer, issued pursuant to Section 72-5-1, 72-5-23 or 72-5-24 NMSA 1978, or if the subdivision is located within a declared underground water basin, provide a copy of a permit obtained from the state engineer issued pursuant to those sections or to Section 72-12-3 or 72-12-7 NMSA 1978 for the subdivision water use. In acting on the permit application, the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. The board of county commissioners may elect not to approve the final plat if the state engineer has not issued a permit for the subdivision water use.]"

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