HB 181: LEASE OF WATER RIGHTS FOR STREAMFLOW

An Act Relating To Water; Providing Procedures For The Lease Of Water Rights To Maintain Or Augment Streamflow.

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HIGH HB 181
LEASE OF WATER RIGHTS FOR STREAMFLOW

Legislative URL:

HB 181 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

- OTHER -

Action:

[5] HAGC/HJC-HAGC API.

Issue(s):

Water Quality & Supply

Companion Bills

Bills:

LEASE OF WATER RIGHTS FOR STREAMFLOW

Related Legislators

Bill Sponsor:

Nate Gentry

Related Documents

Downloads:

Introduced
Fiscal Impact Report

Summary

This measure adds a new section to the Water-Use Leasing Act that requires the State Engineer to approve a lease of water rights to “maintain or augment streamflow” as long as the other conditions of the Act are met and:

• the purpose of the use, to which the owner must agree, is to maintain or enhance fish or wildlife resources;
• the application describes the location of the use, the manner of measure of use or how the owner’s forbearance of the amount of leased water will be demonstrated, and how the use will maintain or enhance fish or wildlife resources; and
• the applicant reports to the State Engineer annually.

The section does not apply to water rights leased pursuant to Section 72-14-3.3 NMSA 1978 regarding strategic water reserves.

This bill appears to be a positive step towards getting more water in the State’s rivers and streams because it might encourage more water rights owners to lease their water rights for streamflow and have that lease/use count as a beneficial use, thus not losing their water right.

This bill is a companion bill to Senate Bill 309.

Outcome: HB 181 died in the House Agriculture and Water Resources Committee.

Date of Summary:  1/23/13; Updated 5/16/13