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F I S C A L I M P A C T R E P O R T

SPONSOR Ben Lujan

ORIGINAL DATE

LAST UPDATED

2/11/08

2/13/08 HM 68/aHAWRC

SHORT TITLE Spring Ditch Water Rights Impairment

SM

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SM64.

SOURCES OF INFORMATION

LFC Files

Response Received From

Office of the State Engineer (OSE)

SUMMARY

Synopsis of HAWRC Amendment

As included on page 1, lines 16 through 20, House Agriculture and Water Resources Committee

Amendment to House Memorial 68 clarifies language. Specifically, the amended section now

reads:

WHEREAS, the town of Taos has approved developments that have resulted in

construction on the Spring ditch's water source and the point of diversion, thereby

impairing delivery of water to rightful water rights owners and parciantes on the

Spring ditch; and

The amendment adds no appropriation to the legislation.

Synopsis of Original Bill

House Memorial 68 states that the town of Taos has approved developments that have resulted in

construction on the town's water source and the point of diversion, thereby impairing delivery of

water to rightful water rights owners on Spring ditch. The legislation further indicates that the

House Memorial 68/aHAWRC – Page

2

course of an ancient acequia has been altered by the town of Taos and that permits have been

issued allowing construction on lateral ditches.

The memorial resolves that the state engineer be requested to investigate impairment of historical

water rights of the Spring ditch by the town of Taos and take any appropriate action to guarantee

delivery of water to ditch parciantes. The memorial further resolves that that the state engineer

report the results of the investigation and actions taken to remedy the impairment to the

appropriate committee of the legislature by August 1, 2008, and that a copy of the memorial be

transmitted to the state engineer.

There is no appropriation attached to the legislation.

SIGNIFICANT ISSUES

OSE indicates that the memorial states that the town of Taos has approved developments that

have resulted in construction that impaired delivery of water to rightful water rights owners on

the Spring Ditch; but that the, “Memorial does not state that part of the said construction is over

12-years old and the Office of the State Engineer (OSE) received no complaint on this matter

until just recently - October 2007."

OSE advises that the Acequia statutes, NMSA 1978, Sections 73-2-4 and 73-2-5, et seq., provide

community ditches and acequias with both criminal and civil remedies in the courts for unlawful

interference with an easement or access to a ditch. In addition, Articles 72-8-1 thru 72-8-6, also

provides for criminal and civil liability for injury and damages resulting from any unlawful

interference or injury from the type of situation presented by the Memorial. Article 72-8-6

states, “All violations of the provisions of this article, declared to be misdemeanors, shall be

punished by a fine not exceeding one hundred dollars ($100.00) nor less than ten dollars

($10.00), or by imprisonment in the county jail not exceeding six months, or by both such fine

and imprisonment, and any justice [magistrate] court of the county in which such misdemeanor

has been committed shall have jurisdiction thereof". OSE adds that, “Complaints such as the one

presented by this Memorial are fairly commonplace and are dealt with by the OSE routinely.

OSE staff is involved in this issue already and were involved prior to the legislative session.

Staff is meeting with the parties involved in the issue and is attempting to help resolve

differences, however, legal remedy to the dispute is through the courts."

ADMINISTRATIVE IMPLICATIONS

OSE notes that it receives numerous complaints similar to the one addressed by this Memorial.

Resolution of disputes is a priority and staff routinely meets with parties to help resolve

differences: “Most of the disputes are not elevated to the level of a legislative Memorial and this

dispute does not require legislative attention."

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

This legislation duplicates SM64.

House Memorial 68/aHAWRC – Page

3

OTHER SUBSTANTIVE ISSUES

OSE advises that, “Existing Statutes (as cited above) provide a venue for legal resolution of these

types of disputes. This Memorial is not required as the jurisdiction of the OSE is limited to

meeting with the parties to the dispute and helping to resolve their differences. The relevant

facts are still in question and OSE staff is currently researching the situation."

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

PSE states that, “The OSE will continue to address the issues and the disputes involved with this

complaint. If all else fails, the water rights owners and paricantes of the Spring Ditch in Taos,

NM can pursue remedy through the courts – where jurisdiction for this type of dispute properly

resides."

BFW/bb