Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Stewart

ORIGINAL DATE

LAST UPDATED

2-27-07

3-5-07 HB HM 42/aHFl

SHORT TITLE Review Water Development Planning Authority

SB

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 551, HB 1080, HB 551, HB 1080, SB962, and HB1032

SOURCES OF INFORMATION

LFC Files

Response Received From

Office of the State Engineer (OSE)

SUMMARY

Synopsis of HFl Amendment

House Floor Amendment Number 1 to House Memorial 42, amends to legislation to reflect the

following language:

1. On page 2, between lines 20 and 21, insert:

"WHEREAS, there have been proposals to adopt criteria to be included in the water

development plans, to make the plans public, to have them be adopted by the

appropriate governing body and to update them regularly; and

WHEREAS, when planning for the future, it is necessary to include representatives

from agricultural interests and from Indian nations, tribes and pueblos; and".

Synopsis of Original Bill

House Memorial 42 requests the state engineer to convene representative stakeholders for the

House Memorial 42/aHFl#1 – Page

2

purpose of informing and making recommendations to the state engineer relating to planning

authority that should be allowed to municipalities, counties, school districts, state universities,

member-owned community water systems, special water users associations and regulated water

and electric public utilities. It also directs that interstate commerce limitations on the state's

ability to conserve the state's water supplies be included in the evaluation, and requires the state

engineer report the state engineer's recommendations to the appropriate interim legislative

committee by August 1, 2007. The memorial directs that a copy of the memorial be transmitted

to the governor and the state engineer.

There is no appropriation attached to this legislation.

SIGNIFICANT ISSUES

OSE indicates that numerous other bills have been introduced this session that propose to amend

§72-1-9, including HB 551, HB 1080, HB 1234, SB1118 and SB 962. HM 42 has been

introduced to avoid conflicting amendments or amendments that could result in unintended

consequences. Under this joint memorial, the state engineer would convene representative

stakeholders interested in the planning authority provided by § 72-1-9 to inform and make

recommendations to the state engineer of their water planning issues and needs, so the state

engineer can make his recommendations to the legislature as to how they may be addressed.

PERFORMANCE IMPLICATIONS

OSE suggests that while additional FTE’s will be required for this process, the short term

increase in work load can be absorbed into the normal day-to-day work of the office of the state

engineer.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

OSE notes the following relationships:

HM 42 relates to HB 551 and HB 1080 (duplicates), which would amend § 72-1-9

NMSA 1978 to extend the water use planning periods allowed by that statute from 40

years to 100 years.

HM 42 relates to HB 551 and HB 1080 (duplicates), which substantially amend § 72-1-

9 NMSA 1978 with criteria for water development plans.

HM 42 relates to SB962 and HB1032 (duplicates), which amend §72-1-9 NMSA 1978

to add water and sanitation districts to the already lengthy list of entities allowed to

implement a forty year water use planning period and to hold water rights unused for up

to forty years.

BFW/nt