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SPONSOR: |
Lujan |
DATE TYPED: |
2/03/03 |
HB |
302 |
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SHORT TITLE: |
Water Banking Authority |
SB |
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ANALYST: |
Chabot |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
NFI |
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Energy, Minerals and Natural Resources
Department (EMNRD)
SUMMARY
Synopsis
of Bill
House Bill 302 enacts
statute allowing acequia and community ditch associations to establish water
banks for the purpose of temporarily reallocating water without a change of
purpose or point of diversion without requiring approval by the Interstate
Stream Commission or the State Engineer.
The new statute incorporates language found in Section 72-1-2.3.C NMSA
1978 which provided for acequia and community ditch water banking in the lower
Pecos River Basin only. Section
72-1-2.3.C would be repealed.
Significant
Issues
The New Mexico Acequia Association (NMAA) supports this bill because it expands authority for water banks in the lower Pecos River Basin to the entire state. NMAA was very reluctant to support water banking but helped develop the language for the lower Pecos River Basin. They now see an advantage to have the existing statute applicable statewide.
OSE states that the bill is not necessary as
acequias can establish water banks with the State Engineer approval under
existing statutes (Sections 72-5-28(G) and 72-12-8(D) NMSA 1978). The Association de Acequias Norteņas de
Arriba has submitted for approval of the State Engineer a plan for a water bank
on the Upper Chama stream system and the Tierra Amarilla valley under these
provisions.
OSE is concerned that having the authority to
establish water banks without the approval by the State Engineer has the
potential to allow increased depletions of surface stream flows if new water
banks are implemented without adequate safeguards. OSE states that water banks should meet the following minimum
requirements as applicable: a fully
metered and gaged irrigation system; a conjunctive surface/groundwater model; a
supply of wet water available to serve as a replacement source for compact
compliance and drinking water supplies in times of drought; a permanent pool of
surface water adequate to meet the increasing demands of municipalities on
surface water supplies; the ability to budget and administer annual wet water
demand versus annual wet water supply; and procedures for aggrieved water right
owners to obtain judicial review from
the district court from actions taken by the director of the bank.
TECHNICAL ISSUES
OSE recommends that the bill be amended to state that water banking authority is limited to water rights that are finally adjudicated.
POSSIBLE QUESTIONS