0001| HOUSE BILL 160 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| PAULINE K. GUBBELS | 0005| | 0006| | 0007| | 0008| FOR THE WATER, UTILITIES AND NATURAL RESOURCES COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO WATER CONSERVATION; AMENDING SECTIONS OF THE NMSA | 0012| 1978 TO EXEMPT CONSERVED WATER FROM FORFEITURE. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 72-5-28 NMSA 1978 (being Laws 1907, | 0016| Chapter 49, Section 42, as amended) is amended to read: | 0017| "72-5-28. FAILURE TO USE WATER--FORFEITURE.-- | 0018| A. When the party entitled to the use of water | 0019| fails to beneficially use all or any part of the water claimed | 0020| by him, for which a right of use has vested for the purpose | 0021| for which it was appropriated or adjudicated, except the | 0022| waters for storage reservoirs, for a period of four years, | 0023| such unused water shall, if the failure to beneficially use | 0024| the water persists one year after notice and declaration of | 0025| nonuser given by the state engineer, revert to the public and | - 1 - 0001| shall be regarded as unappropriated public water; provided, | 0002| however, that forfeiture shall not necessarily occur if | 0003| circumstances beyond the control of the owner have caused | 0004| nonuse, such that the water could not be placed to beneficial | 0005| use by diligent efforts of the owner; and provided that | 0006| periods of nonuse when irrigated farm lands are placed under | 0007| the acreage reserve program or conservation reserve program | 0008| provided by the Food Security Act of 1985, P.L. 99-198 shall | 0009| not be computed as part of the four-year forfeiture period; | 0010| and provided, further, that the condition of notice and | 0011| declaration of nonuser shall not apply to water which has | 0012| reverted to the public by operation of law prior to June 1, | 0013| 1965. | 0014| B. Upon application to the state engineer at any | 0015| time and a proper showing of reasonable cause for delay or for | 0016| nonuse or upon the state engineer finding that it is in the | 0017| public interest, the state engineer may grant extensions of | 0018| time, for a period not to exceed three years for each | 0019| extension, in which to apply to beneficial use the water for | 0020| which a permit to appropriate has been issued or a water right | 0021| has vested, was appropriated or has been adjudicated. | 0022| C. Periods of nonuse when water rights are | 0023| acquired by incorporated municipalities or counties for | 0024| implementation of their water development plans or for | 0025| preservation of municipal or county water supplies shall not | - 2 - 0001| be computed as part of the four-year forfeiture statute. | 0002| D. A lawful exemption from the requirements of | 0003| beneficial use, either by an extension of time or other | 0004| statutory exemption, stops the running of the four-year period | 0005| for the period of the exemption, and the period of exemption | 0006| shall not be included in computing the four-year period. | 0007| E. Periods of nonuse when the nonuser of acquired | 0008| water rights is on active duty as a member of the armed forces | 0009| of this country shall not be included in computing the four- | 0010| year period. | 0011| F. The owner or holder of a valid water right or | 0012| permit to appropriate waters for agricultural purposes | 0013| appurtenant to designated or specified lands may apply the | 0014| full amount of water covered by or included in the water right | 0015| or permit to any part of ~~[such]~~ the designated or | 0016| specified tract without penalty or forfeiture. | 0017| G. Periods of nonuse when water rights are | 0018| acquired and placed in a state engineer-approved water | 0019| conservation program, by a conservancy district organized | 0020| pursuant to Chapter 73, Articles 14 through 19 NMSA 1978, an | 0021| acequia or community ditch association organized pursuant to | 0022| Chapter 73, Article 2 or 3 NMSA 1978, an irrigation district | 0023| organized pursuant to Chapter 73, Articles 9 through 13 NMSA | 0024| 1978 or the interstate stream commission shall not be computed | 0025| as part of the four-year forfeiture period. | - 3 - 0001| | 0002| H. Periods of reduction in the amount of a water | 0003| right diversion or use, previously authorized by the state | 0004| engineer or adjudged by a court of law, shall not be included | 0005| in computing the four-year period for forfeiture of a water | 0006| right; provided that the reduction occurs through an | 0007| intentional application of conservation practices to an | 0008| existing diversion or use that results in a measurable savings | 0009| in the amount of water consumed. Failure to put a water right | 0010| to beneficial use is not an intentional application of | 0011| conservation practices." | 0012| Section 2. Section 72-12-8 NMSA 1978 (being Laws 1931, | 0013| Chapter 131, Section 8, as amended) is amended to read: | 0014| "72-12-8. WATER RIGHT FORFEITURE.-- | 0015| A. When for a period of four years the owner of a | 0016| water right in any of the waters described in Sections 72-12-1 | 0017| through 72-12-28 NMSA 1978 or the holder of a permit from the | 0018| state engineer to appropriate any such waters has failed to | 0019| apply them to the use for which the permit was granted or the | 0020| right has vested, was appropriated or has been adjudicated, | 0021| the water rights shall be, if the failure to beneficially use | 0022| the water persists one year after notice and declaration of | 0023| nonuser given by the state engineer, forfeited and the water | 0024| so unused shall revert to the public and be subject to further | 0025| appropriation; provided that the condition of notice and | - 4 - 0001| declaration of nonuser shall not apply to water which has | 0002| reverted to the public by operation of law prior to June l, | 0003| l965. | 0004| B. Upon application to the state engineer at any | 0005| time and a proper showing of reasonable cause for delay or for | 0006| nonuse or upon the state engineer finding that it is in the | 0007| public interest, the state engineer may grant extensions of | 0008| time, for a period not to exceed three years for each | 0009| extension, in which to apply to beneficial use the water for | 0010| which a permit to appropriate has been issued or a water right | 0011| has vested, was appropriated or has been adjudicated. | 0012| C. Periods of nonuse when irrigated farm lands are | 0013| placed under the acreage reserve program or conservation | 0014| reserve program provided by the Food Security Act of l985, | 0015| P.L. 99-l98 shall not be computed as part of the four-year | 0016| forfeiture period. | 0017| D. Periods of nonuse when water rights are | 0018| acquired and placed in a state engineer-approved water | 0019| conservation program by an artesian conservancy district, a | 0020| conservancy district, an acequia or community ditch | 0021| association organized pursuant to Chapter 73, Article 2 or 3 | 0022| NMSA 1978, an irrigation district organized pursuant to | 0023| Chapter 73, Articles 9 through 13 NMSA 1978 or the interstate | 0024| stream commission shall not be computed as part of the four- | 0025| year forfeiture statute. | - 5 - 0001| E. A lawful exemption from the requirements of | 0002| beneficial use, either by an extension of time or other | 0003| statutory exemption, stops the running of the four-year period | 0004| for the period of the exemption, and the period of exemption | 0005| shall not be included in computing the four-year period. | 0006| F. Periods of nonuse when water rights are | 0007| acquired by incorporated municipalities or counties for | 0008| implementation of their water development plans or for | 0009| preservation of municipal or county water supplies shall not | 0010| be computed as part of the four-year forfeiture statute. | 0011| G. Periods of nonuse when the nonuser of acquired | 0012| water rights is on active duty as a member of the armed forces | 0013| of this country shall not be included in computing the four- | 0014| year period. | 0015| H. Periods of reduction in the amount of a water | 0016| right diversion or use, previously authorized by the state | 0017| engineer or adjudged by a court of law, shall not be included | 0018| in computing the four-year period for forfeiture of a water | 0019| right; provided that the reduction occurs through an | 0020| intentional application of conservation practices to an | 0021| existing diversion or use that results in a measurable savings | 0022| in the amount of water consumed. Failure to put a water right | 0023| to beneficial use is not an intentional application of | 0024| conservation practices. | 0025| ~~[H.]~~ I. The owner or holder of a valid water | - 6 - 0001| right or permit to appropriate waters for agricultural | 0002| purposes appurtenant to designated or specified lands may | 0003| apply the full amount of water covered by or included in that | 0004| water right or permit to any part of the designated or | 0005| specified tract without penalty or forfeiture." | 0006| |