SB 271: ENSURE WATER PRIORITY ADMINISTRATION

An Act Relating To Water; Amending Sections Of Chapter 72 Nmsa 1978 To Ensure Administration Of The Prior Appropriation Doctrine Of The Constitution Of New Mexico.

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MOD SB 271
ENSURE WATER PRIORITY ADMINISTRATION

Legislative URL:

SB 271 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

SCC

Action:

[4] SCC/SCONC/SJC-SCC API.

Issue(s):

Water Quality & Supply

Related Legislators

Bill Sponsor:

Joseph Cervantes

Related Documents

Downloads:

Introduced

Summary

This measure adds a section to amends the Water Code to ensure that the State Engineer (OSE, for Office of the State Engineer) administers water rights in accordance with the “doctrine of prior appropriation” set forth in the New Mexico Constitution. The new section provides that the OSE is authorized to administer only the water that is the subject of a permit or license by the OSE’s office or that a court adjudicates consistently with the doctrine of prior appropriation. It specifically states that the OSE: has no adjudicatory authority to determine or alter the legal elements of a water right; will not extinguish a water right except through abandonment or forfeiture proceedings; and, will provide only technical support in disputes concerning or adjudicating the State’s waters.

The bill amends the current law on “priority administration” and “expedited water marketing and leasing” to modernize the language and make it consistent with the new section.

The same bill in the 2013 led to an interesting FIR that can be found at http://www.nmlegis.gov/Sessions/13 Regular/firs/SB0529.PDF. One concern about this measure may be that it might set back advances made in the last 10 years regarding the handling of water rights by the OSE. Another might be that it could lead to yet more litigation as the FIR indciates.

Date of Summary:  2/5/2014

Outcome:

SB 271 died in the Senate Committees Committee.

Updated 7/31/14