MOD
SB 648
STATE ENGINEER POWERS & DUTIES
- Legislative URL:
- SB 648 on nmlegis.gov
- Emergency Clause:
- No
- Germane:
- N/A
- Location:
- SCONC
- Action:
- [10] SCONC/SJC-SCONC API.
- Issue(s):
- Water Quality & Supply
Related Legislators
- Bill Sponsor:
- Joseph Cervantes
Related Documents
- Downloads:
-
Introduced
Fiscal Impact Report
Summary
This bill provides that the State Engineer will only have the authority to administer water that is either the subject of permits and licenses issued by the Office of the State Engineer or adjudicated by a court in a manner consistent with the doctrine of prior appropriation under the constitution of New Mexico.
The bill also provides that the State Engineer:
- will have no adjudicatory authority to determine or alter the legal elements of a water right;
- may not use the State Engineer’s authority to extinguish a water right except through the appropriate abandonment or forfeiture proceedings; and
- may only provide technical support in disputes concerning or adjudicating the waters of the state.
One benefit of this bill might be that it will help clarify the extent of the authority of the OSE, avoid unnecessary litigation, and minimize costs and delays related to determination of water rights priorities. Another might be that it could help protect older water rights that are “first in time, first in right.”