Sec. 3. Definitions
386 words·~2 min read·
/bill/115/hr/6487/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term community user means— with respect to a qualified acequia, an individual who is the legal owner of a water right on a qualified acequia; and with respect to a qualified land-grant merced, an heir as defined by N.M. Stat. § 49–1–1.1. The term governing body — with respect to a qualified acequia, means the board composed of private land owners (known as commissioners) for such qualified acequia, as provided in N.M. Stat. § 73–2–12 and recognized as a political subdivision of the State under N.M.
Stat. § 73–2–28; and with respect to a qualified land grant-merced, means the board of trustees charged under State law with the control, care, and management of the qualified land grant-merced. The term historical-traditional use boundary , with respect to a land grant-merced, means the boundary recognized under the process described in section 10. The term patent boundary , with respect to a land grant-merced, means the boundary in the official survey that accompanied the land patent issued by the United States for a land grant-merced claim at the conclusion of the adjudication process required by the Treaty of Guadalupe Hidalgo.
The term qualified acequia means a waterway in the State recognized as an acequia or a community ditch under State or Federal law, including the diversions, storage facilities, and easements of such waterway. The term qualified land grant-merced — means a community land grant issued under the laws or customs of Spain or Mexico that received a patent from the United States or has been recognized under State law; and includes land— with respect to a land grant-merced that has not completed the process under section 10, within the patent boundary of such land grant-merced; and with respect to a land grant-merced that has completed the process under section 10, the historical-traditional use boundary of such land grant-merced.
The term State means the State of New Mexico. The term Secretary concerned means— if the qualified acequia or qualified land grant-merced concerned is located on land under the administration of the Secretary of Agriculture, or adjacent to such land, the Secretary of Agriculture; or if the qualified acequia or qualified land grant-merced concerned is located on land under the administration of the Secretary of the Interior, or adjacent to such land, the Secretary of the Interior.