10-year Water Rights Forfeiture Period
The new law would significantly impact the way water rights are handled, especially in terms of agricultural practices and municipal water supply planning. With the imposition of a ten-year forfeiture period, water rights holders must be more vigilant in utilizing their rights, as failure to do so within the designated timeframe will lead to the reversion of those rights. This change may foster a more responsible usage of water, as stakeholders become aware that nonuse could result in a loss of access to critical water resources necessary for farming and other applications.
House Bill 346 aims to amend the existing regulations regarding water rights in New Mexico. The bill focuses on the forfeiture of water rights after a period of ten years of nonuse, eliminating the notice requirement that was previously necessary for forfeiture after four years of nonuse. This legislative change is intended to streamline the process of reverting unused water rights back to the public, asserting that unused water should be seen as unappropriated public water, thus making it available for other uses. It reflects the ongoing concerns regarding water management in a state where water scarcity is an issue.
Notable points of contention surrounding HB346 include concerns expressed by agricultural stakeholders and municipalities about the implications of such a stringent forfeiture period. Critics argue that unforeseen circumstances, such as droughts or economic difficulties, could impede the ability to utilize water rights effectively, leading to unnecessary forfeiture and loss of resources. Additionally, the removal of notice requirements prior to forfeiture may be seen as undermining the rights of waterholders, particularly those who might be utilizing the water for long-term conservation efforts or have plans for usage that are delayed.
This bill signals a shift in New Mexico's water rights policy, emphasizing the need for active management of water resources in a climate-conscious manner while balancing the needs of agricultural sectors against the backdrop of public water availability.