SENATE MEMORIAL 70

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Elizabeth "Liz" Stefanics

A MEMORIAL

REQUESTING THAT CONCERNED PARTIES COOPERATE IN ADDRESSING THE ISSUES AND PROBLEMS AFFECTING THE SANTA FE RIVER BASIN; REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION TO URGE THE APPROPRIATE FEDERAL AGENCIES TO PARTICIPATE IN MEETINGS ON WATER ISSUES; REQUESTING THE STATE ENGINEER TO REVIEW RETURN-FLOW CREDITS; REQUESTING THE INTERSTATE STREAM COMMISSION TO CONSIDER CONDUCTING WATER RIGHTS NEGOTIATIONS.

     WHEREAS, area residents formed the Santa Fe river traditional communities collaborative in 2011 to study and solve problems and issues along the forty-six-mile Santa Fe river basin; and

     WHEREAS, the purpose of the Santa Fe river traditional communities collaborative is to seek active stakeholder engagement, including governmental agency representation and participation, in the planning and funding of a watershed plan for addressing the administration and health of riparian areas; and

     WHEREAS, the impetus for formation of the Santa Fe river traditional communities collaborative came from stakeholders, with support from La Cienega valley association, a neighborhood association and improvement entity composed of the traditional communities of La Cieneguilla, village of La Bajada and La Cienega; and

     WHEREAS, other traditional community organizations, such as the Agua Fria village association, acequia Agua Fria and the Aguia Fria well-owners association joined the Santa Fe river traditional communities collaborative; and

     WHEREAS, the Santa Fe river traditional communities collaborative membership also includes mutual domestic water associations and acequia associations; and

     WHEREAS, government organizations that have attended Santa Fe river traditional communities collaborative meetings include representatives from Santa Fe county, the city of Santa Fe, the United States forest service, the United States bureau of land management, the office of United States Senator Tom Udall, the office of United States Representative Ben Ray Lujan, the state land office and the department of game and fish; and

     WHEREAS, nongovernmental community organizations that have attended Santa Fe river traditional communities collaborative meetings include representatives of the Santa Fe watershed association, the WildEarth guardians, Santa Fe girls' school and Rivers Run through Us; and

     WHEREAS, many problems along the Santa Fe river are caused by jurisdictional issues, where several hundred owners control or regulate the land through which the Santa Fe river and tributaries pass; and

     WHEREAS, federal jurisdictional and regulatory issues arise where the United States army forest service, the United States bureau of land management, the United States army corps of engineers, the United States bureau of reclamation, the United States environmental protection agency and the United States fish and wildlife service may exert authority over the Santa Fe river across their jurisdictions; and

     WHEREAS, the city of Santa Fe has sought to address these jurisdictional issues and water-flow quality issues by creating a Santa Fe river commission; and

     WHEREAS, the work of the Santa Fe river traditional communities collaborative is centered on river restoration, erosion stabilization, water quantity, water quality and open-space planning; and

     WHEREAS, issues pertaining to water quality along the Santa Fe river basin date back to the 1880 damming of the river by the Santa Fe water and improvement company; and

     WHEREAS, in 1971, fifty residents of Agua Fria village filed suit against the city of Santa Fe's public utility for cutting off water; and

     WHEREAS, the farmers in the La Cienega valley and the village of La Bajada who were negatively affected by water quality issues protested to the office of the state engineer and won an annual offsets-release of water from the city of Santa Fe's water treatment facility; and

     WHEREAS, in 2004, the legislature requested the state engineer to conduct a study and report on the history and status of water rights for lands in the vicinity of Agua Fria; and

     WHEREAS, as a result of the study, in 2009, the interstate stream commission initiated water rights negotiations to settle the adjudication; and

     WHEREAS, issues prevalent to water quality along the Santa Fe river basin include the identification and cost of bioremediation systems to neutralize the emerging pollutants and pharmaceuticals from the water that treatment facilities are unable to eliminate; and

     WHEREAS, river restoration and erosion initiatives require support of both the downstream and upstream owners along the Santa Fe river basin;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that to conserve, preserve, protect and develop the Santa Fe river's precious water supplies to effectively plan for the future, all concerned parties be encouraged to come together to solve their mutual issues and problems; and

     BE IT FURTHER RESOLVED that the New Mexico congressional delegation be urged to encourage the cooperation and participation of federal agencies in meetings with the Santa Fe river traditional communities collaborative; and

     BE IT FURTHER RESOLVED that the state engineer be requested to convene a meeting with representative stakeholders for the purpose of informing and making recommendations on the flow of water required for the city of Santa Fe to receive return-flow credits to the Rio Grande; and

     BE IT FURTHER RESOLVED that the interstate stream commission be requested to resume the water rights negotiations initiated in 2009; and

     BE IT FURTHER RESOLVED that the state engineer be requested to issue a progress report and make recommendations to the appropriate interim legislative committee by August 1, 2017; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the state engineer, members of the New Mexico congressional delegation, the chair of the interstate stream commission and the Santa Fe river traditional communities collaborative.

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