HOUSE MEMORIAL 85

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

INTRODUCED BY

Nathan "Nate" Cote

A MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO DIRECT THE APPROPRIATE INTERIM COMMITTEE TO HEAR TESTIMONY ON SECTION 72-1-9 NMSA 1978 (BEING LAWS 1985, CHAPTER 198, SECTION 1, AS AMENDED), THE FORTY-YEAR WATER PLANNING STATUTE, AND MAKE RECOMMENDATIONS FOR AMENDMENTS BY DECEMBER 1, 2013.

     WHEREAS, the state's forty-year water planning statute, Section 72-1-9 NMSA 1978, was first adopted in 1985 and has since been amended five times; and

     WHEREAS, this law enables "municipalities, counties, school districts, state universities, member-owned community water systems, special water users' associations and public utilities supplying water to municipalities or counties" to have a planning period not to exceed forty years without actually using their water and still retain their water rights; and

     WHEREAS, a stated rationale for this law, when first enacted, was that public utilities, and these other entities, need a planning horizon of forty years to make their water infrastructure design and deployment plans coherent and effective without the risk of losing their water rights through abandonment or forfeiture; and

     WHEREAS, concerns about the forty-year water planning period have always included a concern that this would somehow allow water speculation; and

     WHEREAS, House Bill 94, introduced during the 2013 session, would clarify that the forty-year exemption from abandonment or forfeiture includes public utilities serving residents within municipalities and counties, not just public utilities selling water to municipal or county governments, and this has again raised concerns of water speculation; and

     WHEREAS, House Bill 94 was tabled in the house agriculture and water resources committee with the express understanding that an appropriate interim committee would be the best venue for review of and a vigorous public policy debate over the forty-year water planning process;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to direct the appropriate interim committee to hear testimony from the office of the state engineer, the public regulation commission, public utilities and the New Mexico municipal league regarding the effect of Section 72-1-9 NMSA 1978, whether this statute has been erroneously interpreted to exclude public utilities that do not sell water to municipal or county governments from having a forty-year exemption from forfeiture or abandonment of their water rights for a planning period and whether there is any significant potential that the proposed clarification would increase water speculation; and

     BE IT FURTHER RESOLVED that the appropriate interim committee also hear testimony in consideration of whether Section 72-1-9 NMSA 1978 shall be amended; and

     BE IT FURTHER RESOLVED that the appropriate interim committee report its findings and proposed legislation by December 1, 2013; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council, the state engineer and the executive director of the New Mexico municipal league.

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