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

SPONSOR Papen

ORIGINAL DATE

LAST UPDATED

1-17-2008

HB

SHORT TITLE Improve Water Rights Adjudications

SB SJM 8

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Office of the State Engineer (OSE)

SUMMARY

Synopsis of Bill

During the 2007 interim session, staff from the Administrative Office of the Courts worked with

staff from the Office of the State Engineer to address issues associated with the water

adjudication process in New Mexico. This legislation recites the importance of continuing this

collaborative work.

SIGNIFICANT ISSUES

AOC notes that determining water rights through stream adjudications is important for the

purposes of promoting an efficient water rights market, complying with the federal Endangered

Species Act and ensuring the State Engineer’s ability to administer water rights within New

Mexico. Further, that this legislation acknowledges the high cost and complexity of stream

adjudications. To address these issues, the Memorial requests that the AOC and the OSE

continue to work collaboratively in an effort to improve and expedite the stream adjudication

process.

Senate Joint Memorial 8 – Page

2

OSE indicates that the joint work conducted by the AOC and the OSE will require the OSE to

utilize funds out of the agency’s FY08 and FY09 operating budgets for contractors to assist with

the work, as well as for travel and other costs that may be required. Further, that during the 2007

interim, the AOC and the OSE reported to the Interim Water and Natural Resources Committee

on their joint efforts to study ways to improve the process for adjudicating water rights in New

Mexico and this joint memorial would express legislative support for continuing agency efforts.

ADMINISTRATIVE IMPLICATIONS

The legislation resolves that the AOC and OSE report their progress to the appropriate

committee of the legislature by December 1, 2008.

BFW/nt