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.165644.1

HOUSE JOINT MEMORIAL 27

48

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

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

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.165644.1

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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