SENATE BILL 366

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO WATER; AMENDING A SECTION OF CHAPTER 72 NMSA 1978 TO PROVIDE FOR A SINGLE DUTY OF WATER FOR ALL IRRIGATED CROPS IN A STREAM SYSTEM.

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

     SECTION 1. Section 72-4-19 NMSA 1978 (being Laws 1907, Chapter 49, Section 23, as amended) is amended to read:

     "72-4-19. ADJUDICATION OF WATER RIGHTS--DECREE.--[Sec. 24.]

          A. Upon the adjudication of the rights to the use of the waters of a stream system, a certified copy of the decree shall be prepared and filed in the office of the state engineer by the clerk of the court at the cost of the parties. Such decree shall in every case declare, as to the water right adjudged to each party, the priority, amount, purpose, periods and place of use, and as to water used for irrigation, except as otherwise provided in this article, the specific tracts of land to which it shall be appurtenant, together with such other conditions as may be necessary to define the right and its priority.

          B. The decree shall specify a single duty of water for all irrigated crops within an established irrigation or conservancy district. In areas outside of and adjacent to established irrigation or conservancy districts, the duty shall conform to the duty within the district, and in other areas within that stream system, the duty shall be based upon hydrographic survey findings."

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