SB 494: WATER PRIOR APPROPRIATION RULES

An Act Relating To Water; Amending A Section Of Chapter 72 Nmsa 1978 To Provide For Rules Consistent With Article 16 Of The Constitution Of New Mexico And The Doctrine Of Prior Appropriation.

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MILD SB 494
WATER PRIOR APPROPRIATION RULES

Legislative URL:

SB 494 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

- OTHER -

Action:

[14] SCONC/SJC-SCONC API.

Issue(s):

Water Quality & Supply

Related Legislators

Bill Sponsor:

Joseph Cervantes

Related Documents

Downloads:

Introduced
Fiscal Impact Report

Summary

This measure amends the section of current law requiring the State Engineer to adopt rules for the priority administration of water. Under the bill, the rules must not impair water rights beyond that which is required to enforce Article 16 of the N.M. Constitution* and the doctrine of prior appropriation. The language regarding the N.M. Constitution and the doctrine of prior appropriation replace the current language that is less specific.

The bill also provides that in adopting rules to promote expedited marketing and leasing of water in those areas affected by priority administration, the rules must also be consistent with Article 16 of the N.M. Constitution and the doctrine of prior appropriation.

*Article 16 of the Constitution addresses water rights, including the appropriation and beneficial use of water.

A benefit of this bill might be that is clarifies the supremacy of the State Constitution with respect to the priority administration of water.

Date of Summary:  2/12/2013