0001| SENATE BILL 178
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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| MICHAEL S. SANCHEZ
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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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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 4, 1997
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0007|
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0008| Mr. President:
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0009|
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0010| Your CONSERVATION COMMITTEE, to whom has been referred
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0011|
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0012| SENATE BILL 178
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO NOT PASS, but that
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0016|
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0017| SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR
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0018| SENATE BILL 178
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0019|
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0020| DO PASS, and thence referred to the INDIAN AND CULTURAL
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0021| AFFAIRS COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002| __________________________________
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0003| Michael S. Sanchez, Chairman
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0004|
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0005|
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0006| Adopted_______________________ Not Adopted_______________________
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009| Date ________________________
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0010|
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0011|
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0012| The roll call vote was 8 For 0 Against
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0013| Yes: 8
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0014| No: None
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0015| Excused: Griego, Macias
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0016| Absent: None
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0017|
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0018| S0178C01 SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR
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0019| SENATE BILL 178
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0020| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0021|
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0022|
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| AN ACT
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0004| RELATING TO WATER; AMENDING SECTION 73-2-41 NMSA 1978 (BEING
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0005| LAWS 1860-1861, P. 24, SECTION 2, AS AMENDED).
|
0006|
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0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0008| Section 1. Section 73-2-41 NMSA 1978 (being Laws 1860-
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0009| 1861, p. 24, Section 2, as amended) is amended to read:
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0010| "73-2-41. INDIANS--RIGHTS AND DUTIES.--[SEC. 116.] The
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0011| different [communities of] Indians residing within the state
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0012| [of New Mexico] shall be subject to render [their] the
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0013| same services as non-Indians in working the acequias, within
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0014| the limits of their respective reservations in which they may
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0015| have a common interest with the [citizens] non-Indians who
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0016| live [within] outside their respective reservations, and
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0017| they shall enjoy at the same time the same benefit and rights
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0018| of commercial traffic; provided that [said] the Indians
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0019| shall have no right to participate in the nominations and
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0020| election of acequia [overseers] mayordomos or
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0021| superintendents or acequia or water commissioners in any
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0022| ditch, whether within or without their reservations, except in
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0023| acequias constructed entirely by themselves, unless they have
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0024| paid their proportionate share of the whole cost of the
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0025| construction of such acequia and unless the lands sought to be
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0001| voted by [said] the Indians have been duly returned for
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0002| taxation in accordance with law and state and county taxes paid
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0003| thereon. In all cases in which [citizens] non-Indians
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0004| living [within the limits of such communities or pueblos of
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0005| Indians shall] outside the reservation have acquired water
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0006| rights by purchase of land from [said] the Indians, the
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0007| distribution of [such] the water between the Indians and
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0008| the [said citizens] non-Indians shall be agreed upon, based
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0009| upon the customs heretofore practiced and recognized between
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0010| the [said] Indians and [said citizens] the non-Indians,
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0011| by and between the governor of the Indian community or pueblo
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0012| and the commissioners of such acequias in which the [said
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0013| citizens] non-Indians may have acquired any such rights and,
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0014| the governors of such [communities or pueblos of] Indians and
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0015| the [said river or] acequia commissioners shall also regulate
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0016| the amount and manner of work to be done by the Indians and
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0017| [citizens] non-Indians in all such acequias in which all
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0018| have water rights in accordance with such customs."
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0019|
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 13, 1997
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0001|
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0002| Mr. President:
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0003|
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0004| Your INDIAN & CULTURAL AFFAIRS COMMITTEE, to whom has
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0005| been referred
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0006|
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0007| SENATE CONSERVATION SUBSTITUTE FOR
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0008| SENATE BILL 178
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0009|
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0010| has had it under consideration and reports same with recommendation
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0011| that it DO PASS.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017| __________________________________
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0018| John Pinto, Chairman
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0019|
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0020|
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0021|
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0022| Adopted_______________________ Not Adopted_______________________
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025|
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0001|
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0002| Date ________________________
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0003|
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0004|
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0005| The roll call vote was 5 For 0 Against
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0006| Yes: 5
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0007| No: 0
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0008| Excused: Carraro, Davis, Kysar, Rawson
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0009| Absent: None
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0010|
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0011|
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0012| S0178IC1
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0013| State of New Mexico
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0014| House of Representatives
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 21, 1997
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your JUDICIARY COMMITTEE, to whom has been referred
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0001|
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0002| SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR
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0003| SENATE BILL 178
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013| Thomas P. Foy, Chairman
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0014|
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0015|
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0016| Adopted Not Adopted
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 7 For 0 Against
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0022| Yes: 7
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0023| Excused: Alwin, Foy, Luna, Rios, Sanchez, Vaughn
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0024| Absent: None
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0025|
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0001|
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0002| G:\BILLTEXT\BILLW_97\S0178
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