44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

REQUESTING THE STATE ENGINEER TO USE ALTERNATIVE DISPUTE RESOLUTION IN AFFIRMING WATER RIGHTS RATHER THAN THE ADVERSARIAL PROCESS IN ADJUDICATION OF THOSE RIGHTS.

WHEREAS, the office of the state engineer has the responsibility to complete the adjudication of all water rights in New Mexico; and

WHEREAS, agriculture, ranching and domestic water use are vital to the culture, history, social structure and economy of the state and its rural communities; and

WHEREAS, a water right is private property and integral to the value, use of land and its maintenance of the social, cultural and economic stability of New Mexico's communities; and

WHEREAS, it is in the best interests of the public welfare and individual citizens of the state that the adjudication of individual water rights be completed in a fair manner and be as accurate and free from mistakes as possible; and

WHEREAS, the acequia associations represent their individual members, and these associations have a vested interest in correcting errors and omissions in the water rights of their members; and

WHEREAS, it is in the best interests of the state, its citizens and judicial economy for the office of the state engineer to resolve disputes or conflicts over claims of errors and omissions in the adjudication of water rights through negotiation and alternative dispute resolution mechanisms rather than protracted litigation in the courts;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the office of state engineer be requested to make its officers and employees available to negotiate, investigate and correct errors and omissions in the adjudication of water rights rather than to pursue these issues through legal means in the courts; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the state engineer.