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SB 647: RULES OF PRIORITY ADMINISTRATION OF WATER

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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MOD SB 647
RULES OF PRIORITY ADMINISTRATION OF WATER

Legislative URL:
SB 647 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
SJC
Action:
[10] SCONC/SJC-SCONC [30] DP-SJC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SCONC Committee Report
Fiscal Impact Report

Related Events

Upcoming:
Summary

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.

 

Thus, this bill provides that, with regard to rules adopted by the State Engineer:

  • rules adopted for the administration of water right priorities must create no impairment of water rights, other than what is required to enforce (instead of “priorities”) “Article 16 of the constitution of New Mexico and the doctrine of prior appropriation;” and
  • rules to promote expedited marketing and leasing of water in those areas affected by priority administration must be consistent with “Article 16 of the constitution of New Mexico and the doctrine of prior appropriation.”

 

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.”