SENATE BILL 470

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Joshua A. Sanchez

AN ACT

RELATING TO FIRES; SUSPENDING THE APPLICATION OF RESTRICTIONS ON WATER USE PURSUANT TO THE FEDERAL ENDANGERED SPECIES ACT OF 1973 UPON A DETERMINATION BY A FIRE RESPONSE OFFICIAL OF IMMINENT RISK TO HUMAN HEALTH OR PROPERTY; LIMITING THE USE OF WATER USED IN CONTRADICTION TO FEDERAL ENDANGERED SPECIES ACT OF 1973 RESTRICTIONS; REQUIRING NOTICE; PROVIDING A DEFINITION.

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

     SECTION 1. A new section of Chapter 72 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FIRE SUPPRESSION--INSTANCES OF RISK TO HUMAN LIFE OR PROPERTY--USE OF WATER SOURCES AUTHORIZED.--

          A. Upon a determination by a fire response official that a fire poses an imminent risk to human health or to property, the application of restrictions on water use within fifteen miles of the fire pursuant to the federal Endangered Species Act of 1973 shall be suspended for the duration of the fire; provided that any water used in contradiction of the restrictions shall be used to suppress the fire.

          B. A fire response official shall immediately notify the secretary of environment and the state engineer upon making a determination of imminent risk pursuant to Subsection A of this section and shall transmit written documentation of the determination to the secretary of environment and the state engineer within ten days.

          C. For purposes of this section, "fire response official" means the state fire marshal, the fire chief of a county fire department, the fire chief of a municipal fire department or the fire chief of a volunteer fire department."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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