HB 17 — WATER LEASES & USE OF LEASED WATER

HOUSE BILL 17 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Christine Chandler and Peter Wirth Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

CLARIFYING THAT A LEASE OF A WATER RIGHT hSERVED HAWCºSERVED BY AN ACEQUIA OR COMMUNITY DITCH»HAWCDITCH AND g o SUBSEQUENT USE OF THAT WATER SHALL NOT TAKE EFFECT UNTIL AFTER t hr g e i k THE APPLICATION HAS BEEN APPROVED IN ACCORDANCE WITH LAW;

h r i s DECLARING AN EMERGENCY.

h8 , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

n d d i = = o h SECTION 1.

Section 72-6-3 NMSA 1978 (being Laws 1967, l ] b ,d i a º e Chapter 100, Section 3, as amended by Laws 2014, Chapter 45, r i = r t e w d m a n o Section 2 and by Laws 2014, Chapter 48, Section 2) is amended dto mread: :

b e d s º o t n = .212107.1 s k m e e a n e d r e l u [ A d to read:

HAWCºThe After the application is made, notice and opportunity for a hearing is provided and the application is approved, pursuant to Sections 72-6-4 through 72-6-6 NMSA 1978, the The»HAWC lease may be effective for immediate use of water or may be effective for future use of the water covered HB 17/a by the h lease;

however, the lease shall not be effective to cumulatePage u1 »cumulate r water from year to year or to substantially enlarge the use of t h g e l i the water in such manner that it would injure other water h r i s users.

The lease shall not toll any forfeiture of water rights h , e h for nonuse, and the owner shall not, by reason of the lease, t u g e b l e e , gh escape the forfeiture for nonuse prescribed by law;

provided, n d d i = = o h however, that the state engineer shall notify both the owner l ] b ,d i a º r and the lessee of declaration of nonuser as provided in e r = t e w d m a n o Sections 72-5-28 and 72-12-8 NMSA 1978.

The initial or any drenewal mterm :of a lease of water use shall not exceed ten years, except as provided in Subsections C and D of this section.

b r e t º o t n = .212107.1 s k m e - 2 - e a n e d r e l u [ A d renewal term of a lease of water use shall not exceed ten years, except as provided in Subsections C and D of this section.

HAWCºD. D.»HAWC A water use deriving from an acequia or community ditch organized pursuant to Chapter 73, Article 2 or 3 NMSA 1978, whether owned by a water right owner under the acequia or community ditch or by the acequia or community ditch, may be leased for a term not to exceed ten years HAWCº ;

providedA thatwater pursuantuse toderiving thefrom rules or bylaws duly adopted by h its members, an acequia or community ditch mayorganized requirepursuant thatto anyChapter u73, »Article r2 wateror use3 leaseNMSA of1978, awhether waterowned right served by the acequia or t h g e l i community ditch, or any water use lease in which a water right howner runder i s is moved into and then served by the acequia or community hditch ,or e h ditch, shall be subject to approval by the commissioners of the t u g e b l e e , gh acequia or community ditchditch, inmay accordancebe withleased the procedures n d d i = = o h for approval of changes in point of diversion or place or l ] b ,d i a ºterm rnot purposeto ofexceed useten asyears; provided in Subsection E of Section 73-2-21 e r = t e w d m a n o NMSA 1978 and Sections 72-5-24.1 and 73-3-4.1 NMSA 1978»HAWC.

dprovided mthat :pursuant to the rules or bylaws duly adopted by its members, an acequia or community ditch may require that HB 17/a Page 2 any water use lease of a water right served by the acequia or community ditch, or any water use lease in which a water right is moved into and then served by the acequia or community ditch, shall be subject to approval by the commissioners of the acequia or community ditch in accordance with the procedures for approval of changes in point of diversion or place or purpose of use as provided in Subsection E of Section 73-2-21 NMSA 1978 and Sections 72-5-24.1 and 73-3-4.1 NMSA 1978.

bE. r e t º o t n = .212107.1 s k m e - 3 - e a n e d r e l u [ A d HAWCºD.

E.»HAWC A water use due under an adjudicated water right secured to a pueblo pursuant to the settlement agreements approved in Title 5 and Title 6 of the federal Claims Resolution Act of 2010, P.L.

-HB 417/a -Page h3 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .212107.1 s k m e e a n e d r e l u [ A d