February 10, 1999

Mr. Speaker:

Your ENERGY AND NATURAL RESOURCES COMMITTEE, to whom has been referred

HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE SUBSTITUTE FOR HOUSE BILL 29

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 13, strike "NONPROFIT" and insert in lieu thereof "MEMBER-OWNED".

2. On page 2, line 20, strike "nonprofit" and insert in lieu thereof "member-owned".

3. On page 2, line 21, after "systems" insert "as lessee".

4. On page 2, between lines 23 and 24, insert the following new section to read:

"Section 2. Section 72-6-5 NMSA 1978 (being Laws 1967, Chapter 100, Section 5) is amended to read:

"72-6-5. APPROVAL.--The state engineer shall approve the application if the applicant has reasonably shown that his proposed use and location of use is a beneficial use and:

A. will not impair any existing right to a greater degree than such right is, or would be, impaired by the continued use and location of use by the owner; and

B. will not be contrary to the conservation of water within the state or detrimental to the public welfare of the state."".

5. Renumber the succeeding section accordingly.

6. On page 3, line 3, strike "NONPROFIT" and insert in lieu thereof "MEMBER-OWNED".

7. On page 3, line 10, strike "nonprofit" and insert in lieu thereof "member-owned".,

8. On page 3, line 20, strike "nonprofit" and insert in lieu thereof "member-owned".

9. On page 3, line 23, strike "nonprofit" and insert in lieu thereof "member-owned".

Respectfully submitted,

______________________________

James Roger Madalena, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 6 For 0 Against

Yes: 6

Excused: Garcia, Kissner, Salazar, Vickers

Absent: None

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