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SB 563: EXPORT OF WATER FROM CRITICAL MANAGEMENT AREA

An Act Relating To Water; Allowing For The Prohibition Of The Export Of Water Out Of A Ground Water Basin That Is Classified As A Critical Management Area Under Certain Conditions.

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HIGH SB 563
EXPORT OF WATER FROM CRITICAL MANAGEMENT AREA

Legislative URL:
SB 563 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[14] SCONC/SJC-SCONC [23] DNP-CS/DP-SJC [44] DNP-CS/DP API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SCONC Committee Report
SCONC Committee Substitute
SJC Committee Report
SJC Committee Substitute
Fiscal Impact Report
Summary

The bill sets forth a new section of law that requires the State Engineer to prohibit the export of water out of some ground water basins under certain conditions. Specifically, the State Engineer will not have the authority to approve an application for a change of place of use of a ground water right to a location outside the basin in which the ground water is located if:

  • the basin from which the water is proposed to be transferred is a basin that has been declared to be a “critical management area;” and,
  • the County Commissioners for the county from which the water is proposed to be transferred adopts a resolution “declaring that it is not in the public interest for the application for the change of place of use to be approved.”

 

This bill may be a positive step towards making sure water stays in areas where the underground water resources may be inadequate to sustain the productivity of wells in the area.

 

The SCONC Substitute adopted on February 27, 2013, takes a different approach to the issue. It requires that when acting on an application for a change of place of use of a ground water right having a point of diversion located within a critical management area (CMA) to a location outside of that CMA, the State Engineer must “consider” and “make findings” regarding the CMA status and the effect of the proposed transfer on that status. It dispenses with the notion of a County Commission resolution altogether. Finally, it provides that if the State Engineer removes a CMA designation, the requirements for consideration and findings does not apply to subsequent proposed transfers.

 

The removal of the County Commission resolution requirement may be a benefit by making the process quicker and easier and placing the burden for assessing the effect of the proposed transfer on the State’s water expert.

 

Date of Summary:  2/15/2013, Updated 2/28/2013