0001| HOUSE JOINT MEMORIAL 45
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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| G. X. McSHERRY
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0006|
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0007|
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0008|
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0009|
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0010| A JOINT MEMORIAL
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0011| REQUESTING THE OFFICE OF THE STATE ENGINEER TO INVOLVE WATER
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0012| USERS IN THE DEVELOPMENT OF WATER CONSERVATION LEGISLATION FOR
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0013| THE CONSIDERATION OF THE FORTY-FOURTH LEGISLATURE.
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0014|
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0015| WHEREAS, water is an essential but finite resource; and
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0016| WHEREAS, New Mexico is the third driest state and is
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0017| subject to periodic droughts, which substantially reduce the
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0018| available water supply; and
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0019| WHEREAS, virtually all of New Mexico's renewable water
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0020| resources are fully appropriated; and
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0021| WHEREAS, growth, development and changing public needs
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0022| are increasing water demands and reducing available supplies;
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0023| and
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0024| WHEREAS, the unauthorized use of water to which another
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0025| person is entitled or the willful waste of surface or ground
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0001| water is unlawful; and
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0002| WHEREAS, New Mexico law provides that the state engineer
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0003| may not approve an application to appropriate water or change
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0004| the purpose or place of use of an existing appropriation if
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0005| the application is contrary to the conservation of water
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0006| within the state; and
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0007| WHEREAS, many water right owners perceive that they must
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0008| use all their existing water rights to protect them against
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0009| forfeiture, which constitutes a disincentive for conservation;
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0010| and
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0011| WHEREAS, transfer of conserved water to new uses must not
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0012| increase the total consumptive use of New Mexico's fully
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0013| appropriated stream systems and ground water aquifers; and
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0014| WHEREAS, New Mexico has a major interest in the
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0015| conservation of water and needs to explore the removal of
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0016| disincentives for water conservation and the creation of
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0017| incentives; and
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0018| WHEREAS, existing water rights are private property
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0019| rights that must be protected; and
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0020| WHEREAS, water users in New Mexico have widely varying
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0021| perspectives and concerns regarding water conservation; and
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0022| WHEREAS, numerous water conservation approaches and
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0023| concepts, some of which overlap, some of which are in conflict
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0024| and some of which would increase consumptive water use to the
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0025| injury of existing water right owners and the state, have been
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0001| submitted as legislative bills for the consideration of the
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0002| legislature; and
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0003| WHEREAS, the state engineer has drafted water
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0004| conservation legislation that would affect New Mexico water
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0005| users; and
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0006| WHEREAS, the state engineer has announced that his office
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0007| will conduct discussions over the next year with New Mexico
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0008| water users to see that their perspectives and concerns
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0009| regarding water conservation are given full consideration for
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0010| possible inclusion in water conservation legislation;
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0011| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0012| STATE OF NEW MEXICO that the office of the state engineer form
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0013| an advisory committee representing the diverse water uses and
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0014| perspectives regarding water conservation in New Mexico to
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0015| develop water conservation legislation, giving full
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0016| consideration to the recommendations of the advisory
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0017| committee; and
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0018| BE IT FURTHER RESOLVED that the office of the state
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0019| engineer prepare a single consolidated conservation bill,
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0020| rather than numerous and overlapping or conflicting or
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0021| technically harmful bills, and present the bill by August 1998
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0022| to the appropriate legislative interim committee with
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0023| jurisdiction over water issues; and
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0024| BE IT FURTHER RESOLVED that a copy of this memorial be
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0025| transmitted to the state engineer.
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