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HJR 08: NO PRIOR APPROPRIATION FOR WATER ADMIN, CA

A Joint Resolution Proposing To Amend Article 16, Section 2 Of The Constitution Of New Mexico To Remove The Requirement That Priority Of Appropriation Shall Be Given The Better Right With Regard To The Administration Of Water Rights In The State And To Require Pro Rata Allocation Of Water For Agricultural Uses Based On The Availability Of Water.

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MOD HJR 08
NO PRIOR APPROPRIATION FOR WATER ADMIN, CA

Legislative URL:
HJR 08 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
HGEIC
Action:
[5] HGEIC/HWMC/HJC-HGEIC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
Fiscal Impact Report
Summary

This joint resolution proposes to amend Article 16, Section 2 of the Constitution of New Mexico to:

  • remove the requirement that priority of appropriation shall be given the better right with regard to the administration of water rights; and to
  • require that:
  • the amount of water available for beneficial use in each stream system of the state must be estimated annually prior to the beginning of the irrigation season, and
  • the amount of water available for current agricultural beneficial uses based upon that estimate must be allocated on a pro rata per acre basis to each owner of a water right used for agricultural purposes as provided by law.

 

A possible benefit, or concern, regarding this joint resolution is that it removes the controversial constitutional mandate that “Priority of appropriation shall give the better right” and replaces that language with a clear emphasis on allocating water based on “current agricultural beneficial uses.”