0001| HOUSE BILL 61
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JAMES ROGER MADALENA
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0005|
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0006|
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0007|
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0008| FOR THE INTEGRATED WATER AND RESOURCE PLANNING COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO WATER; AMENDING SECTION 73-2-41 NMSA 1978 (BEING
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0012| LAWS 1860-1861, P. 24, SECTION 2, AS AMENDED).
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 73-2-41 NMSA 1978 (being Laws 1860-
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0016| 1861, p. 24, Section 2, as amended) is amended to read:
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0017| "73-2-41. RIGHTS IN GOVERNMENT OF DITCH--DIVISION OF
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0018| WATER.--[SEC. 116. The different communities of Indians
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0019| residing within the state of New Mexico shall be subject to
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0020| render their services in working the acequias, within the
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0021| limits of their respective reservations in which they may have
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0022| a common interest with the citizens who live within their
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0023| respective reservations, and they shall enjoy at the same time
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0024| the same benefit and rights of commercial traffic; provided
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0025| that said Indians shall have no right to participate in the
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0001| nominations and election of acequia overseers or acequia or
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0002| water
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0003| commissioners in any ditch, whether within or without their
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0004| reservations, except in acequias constructed entirely by
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0005| themselves, unless they have paid their proportionate share of
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0006| the whole cost of the construction of such acequia and unless
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0007| the lands sought to be voted by said Indians have been duly
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0008| returned for taxation in accordance with law and state and
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0009| county taxes paid thereon.] In all cases in which citizens
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0010| living within the limits of [such] communities or pueblos of
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0011| Indians [shall] have acquired water rights by purchase of
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0012| land from [said] the Indians, the distribution of [such]
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0013| the water between the Indians and the [said] citizens shall
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0014| be agreed upon, based upon the customs heretofore practiced and
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0015| recognized between the [said] Indians and [said] the
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0016| citizens, by and between the governor of the community or
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0017| pueblo and the commissioners of [such] acequias in which the
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0018| [said] citizens may have acquired any [such] rights
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0019| [and]. The governors of [such] communities or pueblos of
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0020| Indians and the [said] river or acequia commissioners shall
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0021| also regulate the amount and manner of work to be done by the
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0022| Indians and citizens in all [such] acequias in which [all]
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0023| the citizens and Indians have water rights in accordance with
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0024| such customs."
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0025| - 2 -
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