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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