0001| HOUSE BILL 958
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| MIGUEL P. GARCIA
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO MUNICIPALITIES; AMENDING AND ENACTING CERTAIN
|
0012| SECTIONS OF THE NMSA 1978 TO PROHIBIT THE LOCATION OF
|
0013| SUPPLEMENTAL WELLS BY CERTAIN MUNICIPALITIES IN THE
|
0014| UNINCORPORATED AREAS OF CLASS A COUNTIES.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. A new section of the Municipal Code is enacted
|
0018| to read:
|
0019| "[NEW MATERIAL] SUPPLEMENTAL WELLS PROHIBITED IN
|
0020| UNINCORPORATED AREAS OF CLASS A COUNTIES.--A municipality,
|
0021| including those with a home-rule charter adopted under Article
|
0022| 10, Section 6 of the constitution of New Mexico, located in a
|
0023| class A county and having a population of over two hundred
|
0024| thousand at the last decennial census, is expressly denied the
|
0025| authority and prohibited from locating a supplemental well in
|
0001| the unincorporated areas of the county in which it is located
|
0002| for any purpose."
|
0003| Section 2. Section 3-27-2 NMSA 1978 (being Laws 1965,
|
0004| Chapter 300, Section 14-26-2, as amended) is amended to read:
|
0005| "3-27-2. POTABLE--METHODS OF ACQUISITION--CONDEMNATION--
|
0006| CONVEYANCES AUTHORIZED--LAND FOR APPURTENANCES--PUBLIC AND
|
0007| PRIVATE USE--COMPENSATION.--
|
0008| A. Municipalities, within and without the municipal
|
0009| boundary, may:
|
0010| (1) acquire, contract for or condemn:
|
0011| (a) springs;
|
0012| (b) wells;
|
0013| (c) water rights;
|
0014| (d) other water supplies; and
|
0015| (e) right-of-way or other necessary
|
0016| ownership for the acquisition of water facilities; [and]
|
0017| (2) acquire, maintain, contract for or condemn
|
0018| for use as a municipal utility privately owned water facilities
|
0019| used or to be used for the furnishing and supply of water to
|
0020| the municipality or its inhabitants; and
|
0021| (3) change the place of diversion of any water
|
0022| right to any place selected by the municipality in order to
|
0023| make [the] water available to the municipality unless the
|
0024| change is prohibited by Section 1 of this 1997 act or Section
|
0025| 72-12-24 NMSA 1978.
|
0001| B. For the purposes stated in Section 3-27-3 NMSA
|
0002| 1978, a municipality may take water from any stream, gulch or
|
0003| spring. If the taking of the water materially interferes with
|
0004| or impairs the vested right of any person who resides upon the
|
0005| creek, gulch or stream or does any milling or manufacturing on
|
0006| the creek, gulch or stream, the municipality shall obtain the
|
0007| consent of the person with the vested right or acquire the
|
0008| vested right by condemnation and make full compensation or
|
0009| satisfaction for all damages occasioned to the person.
|
0010| C. Any person may lawfully convey to any
|
0011| municipality any water, water right and ditch right or any
|
0012| interest in any water, water right and ditch right held or
|
0013| claimed by the grantor. No change or use of the:
|
0014| (1) water;
|
0015| (2) water right;
|
0016| (3) place of diversion; or
|
0017| (4) purpose for which the water or water right
|
0018| was originally acquired by the grantor, shall invalidate the
|
0019| right of the municipality to use the water or water right.
|
0020| D. Proceedings to obtain any condemnation
|
0021| authorized in this section shall be in the manner provided by
|
0022| law."
|
0023| Section 3. Section 72-12-24 NMSA 1978 (being Laws 1959,
|
0024| Chapter 41, Section 3) is amended to read:
|
0025| "72-12-24. SUPPLEMENTAL WELL.--
|
0001| A. The owner of a water right may drill and use a
|
0002| supplemental well upon making application but prior to the
|
0003| publication and hearing set out in Section [75-11-3 New Mexico
|
Statutes Annotated, 1953 Compilation] 72-12-3 NMSA 1978 if:
|
0005| (1) the supplemental well is drilled into the
|
0006| same and only the same underground stream, channel, artesian
|
0007| basin, reservoir or lake as the well being supplemented;
|
0008| [and]
|
0009| (2) the supplemental well does not increase
|
0010| the appropriation of water to an amount above the existing
|
0011| water right; [and]
|
0012| (3) an emergency situation exists in which the
|
0013| delay caused by publication and hearing would result in crop
|
0014| loss or other serious economic loss; and
|
0015| (4) the state engineer, after a preliminary
|
0016| investigation, finds that the supplemental well does not impair
|
0017| existing water rights and grants him a permit authorizing the
|
0018| drilling and use of the supplemental well prior to publication
|
0019| and hearing.
|
0020| B. If the preliminary investigation by the state
|
0021| engineer causes him to reasonably believe that the drilling and
|
0022| use of a supplemental well may impair existing rights, then no
|
0023| permit shall be issued until after publication and hearing.
|
0024| C. The state engineer shall not grant a permit for
|
0025| a supplemental well to a municipality, including those with a
|
0001| home-rule charter adopted pursuant to Article 10, Section 6 of
|
0002| the constitution of New Mexico, located in a class A county and
|
0003| having a population of over two hundred thousand at the last
|
0004| decennial census, if the supplemental well is to be drilled or
|
0005| located in the unincorporated areas of the county in which the
|
0006| municipality is located."
|
0007| State of New Mexico
|
0008| House of Representatives
|
0009|
|
0010| FORTY-THIRD LEGISLATURE
|
0011| FIRST SESSION, 1997
|
0012|
|
0013|
|
0014| February 27, 1997
|
0015|
|
0016|
|
0017| Mr. Speaker:
|
0018|
|
0019| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
|
0020| whom has been referred
|
0021|
|
0022| HOUSE BILL 958
|
0023|
|
0024| has had it under consideration and reports same with
|
0025| recommendation that it DO PASS, and thence referred to the
|
0001| JUDICIARY COMMITTEE.
|
0002|
|
0003| Respectfully submitted,
|
0004|
|
0005|
|
0006|
|
0007|
|
0008|
|
0009| Lynda M. Lovejoy, Chairwoman
|
0010|
|
0011|
|
0012| Adopted Not Adopted
|
0013|
|
0014| (Chief Clerk) (Chief Clerk)
|
0015|
|
0016| Date
|
0017|
|
0018| The roll call vote was 7 For 0 Against
|
0019| Yes: 7
|
0020| Excused: Wallace
|
0021| Absent: None
|
0022|
|
0023|
|
0024| G:\BILLTEXT\BILLW_97\H0958 State of New Mexico
|
0025| House of Representatives
|
0001|
|
0002| FORTY-THIRD LEGISLATURE
|
0003| FIRST SESSION, 1997
|
0004|
|
0005|
|
0006| March 7, 1997
|
0007|
|
0008|
|
0009| Mr. Speaker:
|
0010|
|
0011| Your JUDICIARY COMMITTEE, to whom has been referred
|
0012|
|
0013| HOUSE BILL 958
|
0014|
|
0015| has had it under consideration and reports same with
|
0016| recommendation that it DO PASS.
|
0017|
|
0018| Respectfully submitted,
|
0019|
|
0020|
|
0021|
|
0022|
|
0023|
|
0024| Thomas P. Foy, Chairman
|
0025|
|
0001|
|
0002| Adopted Not Adopted
|
0003|
|
0004| (Chief Clerk) (Chief Clerk)
|
0005|
|
0006| Date
|
0007|
|
0008| The roll call vote was 6 For 3 Against
|
0009| Yes: 6
|
0010| No: Alwin, Carpenter, Larranaga
|
0011| Excused: King, Mallory, Rios, Sanchez
|
0012| Absent: None
|
0013|
|
0014|
|
0015| G:\BILLTEXT\BILLW_97\H0958
|