AN ACT
RELATING TO WATER; PROVIDING FOR A
COMPREHENSIVE STATE WATER PLAN.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 72, Article 14 NMSA
1978 is enacted to read:
"STATE WATER
PLAN--PURPOSE--CONTENTS.--
A. It is the intent of the legislature that the
interstate stream commission, in collaboration with the office of the state
engineer and the water trust board, prepare and implement a comprehensive state
water plan.
B. The state water plan shall be a strategic
management tool for the purposes of:
(1) promoting stewardship of the state's water
resources;
(2) protecting and maintaining water rights and
their priority status;
(3) protecting the diverse customs, culture,
environment and economic stability of the state;
(4) protecting both the water supply and water
quality;
(5) promoting cooperative strategies, based on
concern for meeting the basic needs of all New Mexicans;
(6) meeting the state's interstate compact
obligations;
(7) providing a basis for prioritizing infrastructure
investment; and
(8) providing statewide continuity of policy and
management relative to our water resources.
C. The interstate stream commission in
collaboration with the office of the state engineer, and in consultation with
other government agencies as appropriate, shall develop a comprehensive,
coordinated state water plan that shall:
(1) identify and reflect the common priorities,
goals and objectives that will have a positive impact on the public welfare of
the state;
(2) establish a clear vision and policy direction
for active management of the state's waters;
(3) include an inventory of the quantity and
quality of the state's water resources, population projections and other water
resource demands under a range of conditions;
(4) include water budgets for the state and for
all major river basins and aquifer systems in the state;
(5) develop water conservation strategies and
policies to maximize beneficial use, including reuse and recycling by
conjunctive management of water resources and by doing so to promote
nonforfeiture of water rights;
(6) include a drought management plan designed to
address drought emergencies, promote strategies for prevention of
drought-related emergencies in the future and coordinate drought planning
statewide;
(7) recognize the relationship between water
availability and land-use decisions;
(8) promote river riparian and watershed
restoration that focuses on protecting the water supply, improving water
quality and complying with federal Endangered Species Act of 1973 mandates;
(9) consider water rights transfer policies that
balance the need to protect the customs, culture, environment and economic
health and stability of the state's diverse communities while providing for
timely and efficient transfers of water between uses to meet both short-term
shortages and long-term economic development needs;
(10) promote strategies and mechanisms for
achieving coordination with all levels of government;
(11) integrate regional water plans into the state
water plan as appropriate and consistent with state water plan policies and
strategies;
(12) integrate plans of water supply purveyors,
including those of local governments, privately owned public utilities,
associations, cooperatives, irrigation districts and acequias as appropriate
and consistent with state water plan policies and strategies, as those plans
are completed and submitted to the office of the state engineer;
(13) identify water-related infrastructure and
management investment needs and opportunities to leverage federal and other
funding; and
(14) promote collaboration with and strategic
focusing of the research and development of the state's national laboratories
and research institutions to address the state's water challenges and to bring
to the state demonstration projects in desalination, conservation, watershed
restoration, weather modification and other technological approaches to
enhancing water supply and management.
D. Recognizing that complete water rights
adjudication, measurement, well inventories and adequate databases are
essential elements of an effective water management plan, and further
recognizing that completion of these work elements will require substantial
time and resources until such time as these elements are complete, the state
water plan shall include work plans and strategies for:
(1) completion of water rights adjudications,
with required supporting documentation, including hydrographic surveys, aquifer
mapping and aerial mapping of irrigated land;
(2) creation and completion of a comprehensive database
and an electronically accessible information system on the state's water
resources and water rights, including file abstraction and imaging of paper
files as well as information on pending adjudications;
(3) measuring of surface and ground water uses in
the state as necessary for management of the state's water resources; and
(4) taking inventory of existing water wells and
determining appropriate disposition of unused wells.
E. The interstate stream commission and the
office of the state engineer shall consult directly with the governments of
Indian nations, tribes and pueblos to formulate a statement of policy and
process to guide:
(1) coordination or integration of the water
plans of Indian nations, tribes and pueblos located wholly or partially within
New Mexico with the state water plan; and
(2) final adjudication or settlement of all water
rights claims by Indian nations, tribes and pueblos located wholly or partially
within New Mexico.
F. The interstate stream commission shall ensure
that public participation and public input are integrated throughout the
planning process. The interstate stream
commission shall convene water planners and stakeholders from diverse
constituencies to advise it and the office of the state engineer on the state
water plan, including statewide policies, priorities, goals and objectives for
the plan, issues of statewide concern and strategies for implementation of the
plan. The interstate stream commission
shall also ensure that representatives of the stakeholder groups affected by
various plan components will participate in the development of those plan
components. Members of the interstate
stream commission and water trust board shall be notified of and are welcome to
participate in all aspects of the planning process.
G. After public review and comment, the state
water plan developed in conformance with this section is subject to adoption by
the interstate stream commission.
Following its adoption, the state water plan shall be presented to the
interim legislative committee that studies water and natural resources.
H. The state water plan shall be periodically
reviewed, updated and amended in response to changing conditions. At a minimum a review shall be undertaken
every five years.
I. Nothing in the state water plan shall be
construed to permit the granting or the condemnation of water rights.
J. Nothing in the state water plan shall be
construed to determine, abridge or affect the water rights of Indian nations,
tribes or pueblos."
Section 2. A new section of the Water Project Finance
Act is enacted to read:
"IMPLEMENTATION OF STATE
WATER PLAN.--
A. The board, in conformance with the state
water plan and pursuant to the provisions of the Water Project Finance Act,
shall prioritize the planning and financing of water projects required to
implement the plan.
B. The board shall identify opportunities to
leverage federal and other funding.
C. The board shall utilize the resources of its
member agencies and entities whenever possible in implementing the state water
plan.”
HAGC/HB 260
Page 6