SB 529: WATER PRIOR APPROPRIATION 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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SB 529
WATER PRIOR APPROPRIATION ADMINISTRATION
- Legislative URL:
- SB 529 on nmlegis.gov
- Emergency Clause:
- No
- Germane:
- N/A
- Location:
- - OTHER -
- Action:
- [14] SCONC/SJC-SCONC API.
- Issue(s):
- Water Quality & Supply
Companion Bills
Related Legislators
- Bill Sponsor:
- Joseph Cervantes
Related Documents
- Downloads:
-
Introduced
Fiscal Impact Report
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.
One benefit of this bill might be that it will help clarify the extent of the authority of the OSE and thus avoid unnecessary litigation. Another might be that it could help protect older water rights that are “first in time, first in right.”
This bill is a companion bill to House Bill 558.
Date of Summary: 2/15/2013