March 9, 1999

Mr. Speaker:

Your AGRICULTURE AND WATER RESOURCES COMMITTEE, to whom has been referred

HOUSE JOINT MEMORIAL 74

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

1. On page 1, line 11, after "TO" strike the remainder of the line and strike all of lines 12 and 13 and insert in lieu thereof "NEGOTIATE, INVESTIGATE AND CORRECT ERRORS AND OMISSIONS.".

2. On page 2, strike lines 9 through 14 and insert in lieu thereof:

"WHEREAS, it is in the best interests of the state, its citizens and judicial economy for the office of the state engineer and acequia associations to discuss and implement methods to resolve disputes or conflicts over claims of errors and omissions in the adjudication of water rights through negotiation rather than through protracted litigation in the courts; and

WHEREAS, there is the recognition of the adjudication courts' jurisdiction over the errors and omissions process; and

WHEREAS, it is not desirable to reopen and re-litigate every subfile for which an accepted offer of judgment has been filed or a court order entered or that is set forth in a partial final decree, unless there are errors and omissions identified by the acequia associations or individuals;".

3. On page 2, line 19, after "rights" insert "in consultation with the affected parties".

4. On page 2, line 20, strike "legal means in".

5. On page 2, between lines 20 and 21, insert:

"BE IT FURTHER RESOLVED that the state engineer and the acequia associations discuss and work together to implement measures that will protect acequias and bring closure and finality to the adjudications in northern New Mexico; and".

Respectfully submitted,

Joe M Stell, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 9 For 0 Against

Yes: 9

Excused: None

Absent: None

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