0001| AN ACT | 0002| RELATING TO THE FORFEITURE OF WATER RIGHTS; AMENDING SECTIONS OF THE | 0003| NMSA 1978 PERTAINING TO EXTENSIONS OF TIME IN WHICH TO APPLY BENEFICIAL | 0004| USE. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 72-5-28 NMSA 1978 (being Laws 1907, Chapter | 0008| 49, Section 42, as amended) is amended to read: | 0009| "72-5-28. FAILURE TO USE WATER--FORFEITURE.-- | 0010| A. When the party entitled to the use of water fails to | 0011| beneficially use all or any part of the water claimed by him, for which | 0012| a right of use has vested for the purpose for which it was appropriated | 0013| or adjudicated, except the waters for storage reservoirs, for a period | 0014| of four years, such unused water shall, if the failure to beneficially | 0015| use the water persists one year after notice and declaration of nonuser | 0016| given by the state engineer, revert to the public and shall be regarded | 0017| as unappropriated public water; provided, however, that forfeiture shall | 0018| not necessarily occur if circumstances beyond the control of the owner | 0019| have caused nonuse, such that the water could not be placed to | 0020| beneficial use by diligent efforts of the owner; and provided that | 0021| periods of nonuse, when irrigated farm lands are placed under the | 0022| acreage reserve program or conservation reserve program provided by the | 0023| Food Security Act of 1985, PL 99-198, shall not be computed as part of | 0024| the four-year forfeiture period; and provided, further, that the | 0025| condition of notice and declaration of nonuser shall not apply to water | 0001| which has reverted to the public by operation of law prior to June 1, | 0002| 1965. | 0003| B. Upon application to the state engineer at any time and a | 0004| proper showing of reasonable cause for delay or for nonuse, or upon the | 0005| state engineer finding that it is in the public interest, the state | 0006| engineer may grant extensions of time for a period not to exceed three | 0007| years for each extension in which to apply to beneficial use the water, | 0008| for which a permit to appropriate has been issued or a water right has | 0009| vested, was appropriated or has been adjudicated. | 0010| C. Periods of nonuse when water rights are acquired by | 0011| incorporated municipalities or counties for implementation of their | 0012| water development plans or for preservation of municipal or county water | 0013| supplies shall not be computed as part of the four-year forfeiture | 0014| statute. | 0015| D. A lawful exemption from the requirements of beneficial | 0016| use, either by an extension of time or other statutory exemption, stops | 0017| the running of the four-year period for the period of the exemption, and | 0018| the period of exemption shall not be included in computing the four-year | 0019| period. | 0020| E. Periods of nonuse when the nonuser of acquired water | 0021| rights is on active duty as a member of the armed forces of this country | 0022| shall not be included in computing the four-year period. | 0023| F. The owner or holder of a valid water right or permit to | 0024| appropriate waters for agricultural purposes appurtenant to designated | 0025| or specified lands may apply the full amount of water covered by or | 0001| included in the water right or permit to any part of such designated or | 0002| specified tract without penalty or forfeiture. | 0003| G. Periods of nonuse when water rights are acquired and | 0004| placed in a water conservation program, which has been approved by the | 0005| state engineer, by a conservancy district organized pursuant to Chapter | 0006| 73, Articles 14 through 19 NMSA 1978 or an acequia or community ditch | 0007| association organized pursuant to Chapter 73, Article 2 NMSA 1978 or the | 0008| interstate stream commission shall not be computed as part of the four-year forfeiture period." | 0009| Section 2. Section 72-12-8 NMSA 1978 (being Laws 1931, Chapter | 0010| 131, Section 8, as amended) is amended to read: | 0011| "72-l2-8. WATER RIGHT FORFEITURE.-- | 0012| A. When for a period of four years the owner of a water | 0013| right in any of the waters described in Sections 72-l2-l through 72-l2-28 NMSA l978 or the holder of a permit from the state engineer to | 0014| appropriate any such waters has failed to apply them to the use for | 0015| which the permit was granted or the right has vested, was appropriated | 0016| or has been adjudicated, the water rights shall be, if the failure to | 0017| beneficially use the water persists one year after notice and | 0018| declaration of nonuser given by the state engineer, forfeited and the | 0019| water so unused shall revert to the public and be subject to further | 0020| appropriation; provided that the condition of notice and declaration of | 0021| nonuser shall not apply to water which has reverted to the public by | 0022| operation of law prior to June l, l965. | 0023| B. Upon application to the state engineer at any time and a | 0024| proper showing of reasonable cause for delay or for nonuse or upon the | 0025| state engineer finding that it is in the public interest, the state | 0001| engineer may grant extensions of time for a period not to exceed three | 0002| years for each extension in which to apply to beneficial use the water | 0003| for which a permit to appropriate has been issued or a water right has | 0004| vested, was appropriated or has been adjudicated. | 0005| C. Periods of nonuse when irrigated farm lands are placed | 0006| under the acreage reserve program or conservation reserve program | 0007| provided by the Food Security Act of l985, PL 99-l98, shall not be | 0008| computed as part of the four-year forfeiture period. | 0009| D. Periods of nonuse when water rights are acquired and | 0010| placed in a water conservation program adopted by an artesian | 0011| conservancy district, conservancy district or the interstate stream | 0012| commission shall not be computed as part of the four-year forfeiture | 0013| statute. | 0014| E. A lawful exemption from the requirements of beneficial | 0015| use, either by an extension of time or other statutory exemption, stops | 0016| the running of the four-year period for the period of the exemption and | 0017| the period of exemption shall not be included in computing the four-year | 0018| period. | 0019| F. Periods of nonuse when water rights are acquired by | 0020| incorporated municipalities or counties for implementation of their | 0021| water development plans or for preservation of municipal or county water | 0022| supplies shall not be computed as part of the four-year forfeiture | 0023| statute. | 0024| G. Periods of nonuse when the nonuser of acquired water | 0025| rights is on active duty as a member of the armed forces of this country | 0001| shall not be included in computing the four-year period. | 0002| H. The owner or holder of a valid water right or permit to | 0003| appropriate waters for agricultural purposes appurtenant to designated | 0004| or specified lands may apply the full amount of water covered by or | 0005| included in that water right or permit to any part of such designated or | 0006| specified tract without penalty or forfeiture." | 0007| | 0008| | 0009| HB | 0010| 437 | 0011| Page  |