HOUSE BILL 362

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Jack Chatfield

 

 

 

 

 

AN ACT

RELATING TO THE ENVIRONMENT; CREATING A RAINFALL ENHANCEMENT PILOT PROJECT TO BE CONDUCTED BY THE ROOSEVELT SOIL AND WATER CONSERVATION DISTRICT; REQUIRING REPORTING; MAKING AN APPROPRIATION.

 

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

     SECTION 1. [NEW MATERIAL] RAINFALL ENHANCEMENT PILOT PROJECT--CREATED--ADMINISTRATION.--

          A. The Roosevelt soil and water conservation district shall create, develop and administer a three-year "rainfall enhancement pilot project". The purpose of the project is to demonstrate the efficacy of rainfall enhancement as a mechanism to mitigate the effects of climate change and drought.

          B. The public interest, health, safety, welfare and necessity require scientific experimentation in the field of artificial nucleation, commonly known as rainfall enhancement or rainfall augmentation, and scientific efforts to develop and increase natural precipitation of rain, snow and moisture in any form contained in the atmosphere within the state are encouraged in order to develop, conserve and protect the natural water resources of the state and to safeguard life and property.

          C. The Roosevelt soil and water conservation district and the board of regents of New Mexico state university shall enter into a joint powers agreement for the state climatologist and university extension services to review, analyze and validate data from the rainfall enhancement pilot project to create evidence-based weather modification demonstration projects using current and evolving scientific methods of rainfall enhancement and test the relative benefits of those methods and the potential environmental risks.

          D. All water derived as a result of rainfall enhancement shall be considered a part of the natural water supply in the same sense as if no rainfall enhancement pilot project had been conducted, and any water so derived shall not be subject to new appropriations but shall be administered and distributed to users in accordance with existing water rights.

          E. The act of rainfall enhancement pursuant to a project funded in whole or in part by the state of New Mexico or authorized by the board of regents of New Mexico state university shall not be the basis of any claim of liability.

     SECTION 2. [NEW MATERIAL] REPORTING.--The state climatologist and extension services shall:

          A. establish forms and criteria for reporting data and recordkeeping and cause a permanent record to be kept of all pertinent data related to the rainfall enhancement pilot project or research related to other factors that may be affected by rainfall enhancement activities;

          B. report annually the results of the rainfall enhancement pilot project to the appropriate legislative interim committee; and

          C. make a final report to the governor and legislature making recommendations for improvements to and the necessity of continuing the rainfall enhancement project.

     SECTION 3. APPROPRIATION.--Three million six hundred thousand dollars ($3,600,000) is appropriated from the general fund to the board of regents of New Mexico state university for expenditure in fiscal years 2026 through 2028 for the Roosevelt soil and water conservation district to develop and administer a rainfall enhancement pilot project. Any unexpended or unencumbered balance remaining at the end of fiscal year 2028 shall revert to the general fund.

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