46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO WATER; PROVIDING FOR A STATE WATER PLAN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 72, Article 14 NMSA 1978 is enacted to read:

"[NEW MATERIAL] STATE WATER PLAN--CONTENTS--WATER STAKEHOLDERS' COMMITTEE.--

A. The interstate stream commission shall develop a comprehensive, coordinated state water plan that shall:

(1) make specific provisions for public notice, review and comment;

(2) assess historic and prevailing surface and ground water uses in the state, including the cumulative impacts of different water uses;

(3) include an inventory of the quantity and quality of the state's water resources, population projections and other water resource demands under a range of conditions;

(4) include water budgets for the state and for all major river basins and aquifer systems in the state and discuss their relationship to regional water plans;

(5) identify and discuss water resource management and policy issues of state-level concern;

(6) identify and reflect the common priorities, goals and objectives that will positively impact the public welfare of the state;

(7) include a review of current water conservation measures and consider water conservation first among feasible water supply alternatives in the management of water to meet current and future water demands;

(8) recognize and respect the water rights of Indian nations, tribes or pueblos and include consideration of them as appropriate;

(9) recognize and encourage the connections between water availability and land use decisions;

(10) include a drought management plan that coordinates drought planning throughout the state;

(11) determine the manner in which water requirements for the projected demands might be met with management and conservation of water supplies available to the state;

(12) incorporate regional water plans into the state water plan as they are completed on a regular basis; and

(13) provide strategies for water management, methods for resolving conflicts between regional water plans and between those plans and the state water plan, solutions to water availability problems and for adoption of a plan for implementation.

B. The state water plan shall promote:

(1) managing water in order to promote stewardship of the state's water resources;

(2) protecting and maintaining land and water property rights and their priority status;

(3) protecting the customs, culture, environment and economic stability of the state's diverse communities;

(4) protecting both the water supply and water quality;

(5) extending available supplies through conservation and efficient use;

(6) cooperative strategies, based on sharing and concern for meeting the basic needs of all New Mexicans;

(7) continuity of policy and direction as well as the ability to adapt to changes in the state's water situation; and

(8) a strong process for public participation.

C. The interstate stream commission shall convene a committee of regional water planners and other stakeholders to develop state water plan requirements and criteria as appropriate, including a table of contents for the state water plan and a plan for public participation throughout the planning process.

D. The interstate stream commission shall annually submit to the legislature and to the governor a list of recommendations for legislation and funding that are necessary to achieve the goals of and implement the state water plan.

E. The state water plan shall be updated every five years.

F. Nothing in the state water plan shall be construed to permit the granting or the condemnation of water rights.

G. Nothing in the state water plan shall be construed to determine, abridge or affect the water rights of Indian nations, tribes or pueblos."

Section 2. Section 72-4A-2 NMSA 1978 (being Laws 2001, Chapter 164, Section 2) is amended to read:

"72-4A-2. FINDINGS AND PURPOSE.--

A. The legislature finds that:

(1) New Mexico is in a desert where water is a scarce resource;

(2) the economy depends on reasonable and fair allocation of water for all purposes;

(3) the public welfare depends on efficient use and conservation of water;

(4) New Mexico must comply with its delivery obligations under interstate compacts; and

(5) public confidence and support for water use efficiency and conservation is based on a reasonable balance of investments in water infrastructure and management.

B. The purpose of the Water Project Finance Act is to provide for water use efficiency, resource conservation and protection and fair distribution and allocation of the scarce resource to all users consistent with approved regional water plans or the state water plan."

Section 3. Section 72-4A-5 NMSA 1978 (being Laws 2001, Chapter 164, Section 5) is amended to read:

"72-4A-5. BOARD--DUTIES.--The board shall:

A. adopt rules governing terms and conditions of grants or loans recommended by the board for appropriation by the legislature from the water project fund, giving priority to projects that have urgent needs, that have been identified for implementation of a completed regional water plan that is accepted by the interstate stream commission or that are contained in the state water plan and that have matching contributions from federal or local funding sources; and

B. authorize qualifying water projects to the authority that are for:

(1) storage, conveyance or delivery of water to end users;

(2) implementation of federal Endangered Species Act of 1973 collaborative programs;

(3) restoration and management of watersheds; or

(4) flood prevention."

Section 4. Section 72-14-44 NMSA 1978 (being Laws 1987, Chapter 182, Section 2) is amended to read:

"72-14-44. INTERSTATE STREAM COMMISSION--GROUNDWATER

APPROPRIATION--WATER RIGHTS PURCHASE--WATER PLANNING FUNDING.--

A. The interstate stream commission is authorized to appropriate groundwater or purchase water rights on behalf of any of the various regions of the state.

B. Nothing in this section shall be construed as permitting the condemnation of water rights or as determining, abridging or affecting in any way the water rights of Indian nations, tribes or pueblos.

C. The interstate stream commission is authorized to make grants or loans of funds for the purpose of regional water planning. Prior to approval of any proposal by a region for planning funds under this section, the commission shall develop criteria for evaluating such proposals. These criteria at a minimum shall provide for:

(1) identification of the region requesting planning funds and why it is hydrologically and politically an appropriate applicant;

(2) use of an appropriate planning process, including opportunities for participation by those Indian nations, tribes or pueblos located within the various regions of the state;

(3) reasonable proposed costs and timetables for completion of the planning process;

(4) appropriate provisions for notice, review and comment where applicable;

(5) adequate review of potential conflict with laws relating to impact on existing water rights;

(6) adequate review of water conservation and the effect on the public welfare; and

(7) identification of sources other than the interstate stream commission for funding of the proposed regional planning process.

D. A water planning region eligible for funding under this section is an area within the state that contains sufficient hydrological and political interests in common to make water planning feasible. The state as a whole shall not be considered a water planning region for purposes of this section.

E. No entity shall be made a part of a proposal for planning funds under this section without its consent.

F. No funds shall be granted under this [act] section to any party [or parties] that [are] is not within a water planning region. Whether a proposal for funding falls within a water planning region shall be determined on a case-by-case basis by the interstate stream commission after consultation with the state engineer and consideration of the following:

(1) whether the source of water and the potential place of use of the water are located within the same hydrologic basin; and

(2) if there is more than one party and the parties are requesting funds on a joint basis, whether the parties have demonstrated political and economic interests in common by entering into a binding intergovernmental agreement for carrying out the planning process.

G. Regional water plans shall be updated every five years, contingent on adequate appropriations to accomplish such updates. As these plans and updates are completed and accepted by the interstate stream commission, they shall be incorporated into the state water plan."