Water Right Lease Effective Date
The proposed legislation modifies Section 72-6-3 NMSA 1978, impacting the lease of water rights and establishing rules regarding when such leases are effective. Under the new provisions, a water use lease will be subject to the approval process administered by the state engineer, ensuring that it does not harm other water users or contribute to the forfeiture of water rights. This change aims to protect the rights of existing water users by regulating how water allocations are managed and leased.
House Bill 121, introduced in the New Mexico Legislature, focuses on the clarification of water leasing regulations under existing water rights. The bill stipulates that a lease of water shall not take effect until the application is approved in accordance with New Mexico water law. This clarification aims to prevent misunderstandings and potential legal conflicts regarding water use leases, thereby providing more certainty for both owners and lessees of water rights.
There may be points of contention surrounding the bill, primarily regarding how it intersects with community water governance, especially in areas utilizing acequias or community ditches. Critics might argue that the new requirements for leasing could complicate the leasing process or place undue burdens on smaller communities that rely on local practices for water management. Additionally, concerns could be raised about the extent to which local entities retain control over their water resources in the face of state-level regulations. Overall, while the bill is framed as a technical correction, its implications could affect water management dynamics across New Mexico.