New Mexico's water-exportation statute: will it float

Journal Article · Sun Apr 01 04:00:00 EST 1984 · Nat. Resour. J.; (United States)

OSTI ID:6606525

Zeller, S

A constitutional analysis of New Mexico's exportation statute restricting interstate permit applications examines the court decisions in El Paso v. Reynolds and Sporhase v. Nebraska. It concludes that New Mexico's statute does not adequately reflect the directives of those decisions, in which New Mexico may place conservation and public welfare restriction on the out-of-state use of its waters provided that the same or comparable restrictions are placed on in-state use. With few exceptions, the New Mexico water code does not restrict in-state use. The constitutionality of the exportation provisions could be determined by the State Engineer's application of the statute and applicable in-state standards if he is evenhanded in evaluating both in- and out-of state applications. Otherwise the exportation statute will encounter commerce clause defeat. 94 references.

• OSTI ID: 6606525
• Journal Information: Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 24:2; ISSN NRJOA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
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293000 -- Energy Planning & Policy-- Policy
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520600* -- Environment
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54 ENVIRONMENTAL SCIENCES
ADMINISTRATIVE PROCEDURES
CASE LAW
EXPORTS
FEDERAL REGION VI
LAWS
LEGAL ASPECTS
LEGISLATION
NEW MEXICO
NORTH AMERICA
PERMIT APPLICATIONS
RESOURCES
USA
WATER RESOURCES