HOUSE BILL 397

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Don L. Tripp

AN ACT

RELATING TO WATER; REQUIRING THE STATE ENGINEER TO REJECT INCOMPLETE APPLICATIONS FOR NEW APPROPRIATIONS OF WATER; IMPOSING PROCEDURES AND STANDARDS FOR APPLICATIONS TO APPROPRIATE WATER.

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

     SECTION 1. A new section of Chapter 72, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] APPLICATION TO APPROPRIATE--SUFFICIENT SPECIFICITY REQUIRED FOR ACCEPTANCE--STATE ENGINEER TO PERSONALLY REVIEW APPLICATIONS OVER ONE THOUSAND ACRE-FEET.--

          A. No application to appropriate water pursuant to Section 72-5-1 or 72-12-3 NMSA 1978 for a new appropriation of water shall be accepted by the state engineer if the application, on its face, does not provide sufficient specificity to determine whether the proposed appropriation would impair existing rights, be contrary to the conservation of water or be detrimental to the public welfare.

          B. Any application to appropriate more than one thousand acre-feet of water for a new appropriation shall be reviewed by the state engineer personally before being accepted for filing."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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