The proposed amendments would enhance the state engineer's authority by enabling priority administration of allocated water rights. Furthermore, the bill mandates the state engineer to adopt rules to facilitate expedited marketing and leasing of water rights. These rules aim to align with hydrologic models to prevent impairment of existing water rights while promoting effective management of water resources. The focus on both priority enforcement and technical support in water disputes indicates a proactive approach to addressing water scarcity and usage in New Mexico.
Summary
House Bill 499 aims to amend sections of Chapter 72 of the New Mexico Statutes, specifically related to the administration of water rights under the prior appropriation doctrine as established by the state constitution. The legislation acknowledges the urgency of water administration due to the slow pace of the current adjudication process and the necessity of complying with interstate compacts. The bill stipulates that the state engineer shall have the authority to administer water rights based on priorities that have been recorded or adjudicated, as well as those permitted or declared. It emphasizes the need for immediate action in managing water rights to ensure fair allocation and distribution.
Contention
One notable area of debate surrounding HB 499 involves the potential impact on existing water rights holders. Critics may express concerns regarding the risk of impairments to established water rights during the administration process or the exclusion of certain water rights, particularly those governed by community entities like acequias or community ditches, which are explicitly exempted from the rules outlined in the bill. The balancing of urgent water administration needs against the rights of existing users remains a critical point of contention as the bill progresses through legislative review.