0001| SENATE BILL 349
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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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 WATER, UTILITIES AND NATURAL RESOURCES COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO WATER; CONDITIONING A PERMIT FOR WATER USE ON
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0012| PUBLIC LANDS TO REQUIRE PROOF OF RIGHT TO USE PUBLIC LANDS;
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0013| AMENDING A SECTION OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 72-12-1 NMSA 1978 (being Laws 1931,
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0017| Chapter 131, Section 1, as amended) is amended to read:
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0018| "72-12-1. UNDERGROUND WATERS DECLARED TO BE PUBLIC--
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0019| APPLICATIONS FOR USE TO STATE ENGINEER--HEARINGS.--The water
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0020| of underground streams, channels, artesian basins, reservoirs
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0021| or lakes, having reasonably ascertainable boundaries, are
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0022| [hereby] declared to be public waters and to belong to the
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0023| public and to be subject to appropriation for beneficial use.
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0024| By reason of the varying amounts and time such water is used
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0025| and the relatively small amounts of water consumed in the
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- 1 -
0001| watering of livestock, in irrigation of not to exceed one acre
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0002| of noncommercial trees, lawn or garden, in household or other
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0003| domestic use, and in prospecting, mining or construction of
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0004| public works, highways and roads or drilling operations
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0005| designed to discover or develop the natural resources of the
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0006| state [of New Mexico], application for any such use shall be
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0007| governed by the following provisions:
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0008| A. any person, firm or corporation desiring to
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0009| use any [of the] public waters [described in this act]
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0010| for watering livestock; for irrigation of not to exceed one
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0011| acre of noncommercial trees, lawn or garden; or for household
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0012| or other domestic use shall make application [or applications
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0013| from time to time] to the state engineer on a form to be
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0014| prescribed by him. Upon the filing of each [such]
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0015| application describing the use applied for, the state engineer
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0016| shall issue a permit to the applicant to so use the waters
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0017| applied for; provided that as part of an application for
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0018| livestock watering use on public or United States forest
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0019| service lands, the applicant shall submit proof that he:
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0020| (1) is legally entitled to place his livestock
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0021| on the public or United States forest service lands where the
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0022| water is to be used; and
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0023| (2) has been granted access to the drilling
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0024| site and has permission to occupy the portion of the public or
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0025| United States forest service lands as is necessary to drill
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- 2 -
0001| and operate the well; and
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0002| B. [from time to time] whenever any person,
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0003| firm or corporation or the state [of New Mexico] desires to
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0004| use not to exceed three acre-feet of [the] public water
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0005| [described in this act] for a definite period of not to
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0006| exceed one year in prospecting, mining or construction of
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0007| public works, highways and roads or drilling operations
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0008| designed to discover or develop the natural mineral resources
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0009| of the state [of New Mexico], only the application [or
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0010| applications] referred to in Section [75-11-3 New Mexico
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0011| Statutes Annotated, 1953 Compilation] 72-12-3 NMSA 1978
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0012| shall be required. Separate application [must] shall be
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0013| made for each proposed use, whether in the same or in
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0014| different basins. Upon the filing of such applications, the
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0015| state engineer shall make an examination of the facts and, if
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0016| he finds that the proposed use will not permanently impair any
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0017| existing rights of others, he shall grant the application. If
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0018| he [shall find] finds that the proposed use sought will
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0019| permanently impair such rights, then there shall be
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0020| advertisement and hearing as provided in the case of
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0021| applications made under Section [75-11-3 New Mexico Statutes
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0022| Annotated, 1953 Compilation] 72-12-3 NMSA 1978."
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0023|
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