SENATE BILL 683

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO WATER; REPEALING AND ENACTING SECTIONS OF CHAPTER 73, ARTICLE 14 NMSA 1978 TO PROVIDE FOR CONSERVANCY COURT CONTROL; PROVIDING FOR APPOINTMENT OF A RECEIVER; PROVIDING FOR REPLACEMENT OF THE CURRENT BOARD OF THE MIDDLE RIO GRANDE CONSERVANCY DISTRICT; PROVIDING FOR ELECTION OF BOARD MEMBERS BY DISTRICTS; DECLARING AN EMERGENCY.

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

     Section 1. A new section of Chapter 73, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ELECTION OF CONSERVANCY DISTRICT BOARD--DISTRICTS--CONSERVANCY COURT--RECEIVER.--

          A. The conservancy court for the middle Rio Grande conservancy district shall assume control of the conservancy district not later than ten calendar days after the effective date of this section.

          B. The conservancy court shall appoint a receiver to manage operations of the middle Rio Grande conservancy district.

          C. The conservancy court shall order the receiver to craft boundaries for the election of middle Rio Grande conservancy district directors.

          D. The middle Rio Grande conservancy district election scheduled for June 2009 is suspended.

          E. Middle Rio Grande conservancy district elections shall take place with regular elections held each even-numbered year in November, and candidates' names shall appear on the ballot.

          F. Members of the middle Rio Grande conservancy district shall be elected for staggered four-year terms; provided that commission members elected at the 2010 general election shall classify themselves by lot so that three commission members shall initially serve terms of two years and four commission members shall serve terms of four years. Thereafter, all commission members shall serve four-year terms. After serving two terms, a commission member shall be ineligible to hold office as a commission member until one full term has intervened."

     Section 2. REPEAL.--Sections 73-14-19 and 73-14-22 NMSA 1978 (being Laws 1975, Chapter 262, Sections 2 and 5, as amended) are repealed.

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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