44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO WATER; BROADENING THE INTERSTATE STREAM COMMISSION'S POWERS AND DUTIES TO PROTECT THE ENVIRONMENT; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 72-14-3 NMSA 1978 (being Laws 1935, Chapter 25, Section 3) is amended to read:

"72-14-3. GENERAL POWERS--INTERSTATE COMPACTS--EMPLOYEES--ATTORNEY GENERAL'S DUTIES.--[That said] The interstate stream commission is [hereby] authorized to negotiate compacts with other states to settle interstate controversies or looking toward an equitable distribution and division of waters in interstate stream systems, subject, in all cases, to final approval by the legislature of New Mexico; to match appropriations made by the congress of the United States for investigations looking to the development of interstate streams originating in or flowing through the state [of New Mexico]; to investigate water supply, to protect the natural environment dependent upon the waters and stream systems of the state, to develop, to conserve, to protect and to do any and all other things necessary to protect, conserve and develop the waters and stream systems of this state, interstate or otherwise; to institute or cause to be instituted in the name of the state [of New Mexico] any and all negotiations [and/or] or legal proceedings as in its judgment are necessary to carry out the provisions of [this Act] Sections 72-14-1 through 72-14-3 NMSA 1978; to do all other things necessary to carry out the provisions of [this Act] Sections 72-14-1 through 72-14-3 NMSA 1978; to employ such attorneys, engineers and clerical help as, in its judgment, may be necessary to carry out the provisions of [this Act] Sections 72-14-1 through 72-14-3 NMSA 1978 and to fix their compensation and expenses; together with such other powers and duties as may, from time to time, be given [said] the commission by the legislature [of New Mexico]. The attorney general shall be the legal adviser of [such] the commission and attorneys employed [as above] shall be subject to his approval and supervision and be designated as special assistant attorneys general."

Section 2. Section 72-14-26 NMSA 1978 (being Laws 1955, Chapter 266, Section 17, as amended by Laws 1997, Chapter 241, Section 14 and also by Laws 1997, Chapter 246, Section 14) is amended to read:

"72-14-26. DISPOSITION OF WATER FOR PUBLIC, DOMESTIC, INDUSTRIAL AND OTHER USES--RECONVEYANCE TO GRANTORS.--In addition to the powers conferred upon the commission to sell, lease and otherwise dispose of waters for the purpose of irrigation, development of power, watering of stock or other purposes, the commission shall have power to sell, lease and otherwise dispose of waters from its waterworks systems for public, domestic, industrial, environmental and other uses and for fire protection. The commission, after the discharge of all of the bonds issued by the commission to finance the construction or acquisition of any works, except for hydrographic surveys used by the state engineer for determining water rights, and of all interest thereon and costs and expenses incurred in connection with any action or proceeding by or on behalf of the holders of such bonds, shall reconvey the same to the grantors thereof."