HOUSE JOINT MEMORIAL 107

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Jim R. Trujillo

A JOINT MEMORIAL

REQUESTING THE OFFICE OF THE STATE ENGINEER, THE INTERSTATE STREAM COMMISSION AND THE DEPARTMENT OF ENVIRONMENT TO CREATE A JOINT TASK FORCE TO STUDY THE ISSUE OF STORM WATER MANAGEMENT AND REUSE.       

     WHEREAS, New Mexico's limited water resources are under increasing pressure due to population growth and an apparent climatic shift toward drier conditions; and

     WHEREAS, the governor has put in place an initiative to seek creative solutions to stretching the state's water supplies to meet demand; and

     WHEREAS, many of the responses to the governor's initiative, as well as independent actions taken by homeowners and landscapers throughout the state, have involved detention or retention of storm water to irrigate landscaping, thus reducing demand for "raw" water; and

     WHEREAS, municipal ordinances throughout the state require the detention or retention of storm water on newly developed properties to prevent flooding problems downslope; and

     WHEREAS, the federal Clean Water Act requires the capture and treatment of storm water to prevent it from polluting watercourses with sediment and other contaminants; and

     WHEREAS, the practice of retaining or detaining storm water helps to restore a natural hydrograph, causing infiltration and recharge of shallow ground water, which in turn may contribute to baseflow in adjacent streams and the recharge of deeper aquifers used by wells; and

     WHEREAS, the collection of storm water in swales or tree basins to promote plant growth assists in revegetating denuded landscapes, improving the quality of runoff and creating further opportunities for infiltration and recharge while improving wildlife habitat and rangeland conditions; and

     WHEREAS, Section 72-5-27 NMSA 1978 provides that "artificial" surface waters caused by drainage from constructed works are distinguished from natural surface waters in New Mexico and are subject to beneficial use by the owner or developer thereof; and

     WHEREAS, New Mexico law is otherwise silent regarding the management and reuse of storm water;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the office of the state engineer, the interstate stream commission and the department of environment be requested to create a joint task force to study the issue of storm water management and reuse in the interest of encouraging a creative response to enhancing New Mexico's scarce water resources while removing ambiguities related to water rights or interstate stream compact delivery obligations; and

     BE IT FURTHER RESOLVED that the joint task force report the findings of its study to the appropriate interim legislative committee before the second session of the forty-seventh legislature with recommendations, if any, for legislative action to address the findings; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the state engineer, the chairman of the interstate stream commission, the secretary of environment and the co-chairs of the New Mexico legislative council.

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