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SPONSOR: |
SCONC |
DATE TYPED: |
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HB |
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SHORT TITLE: |
State Water Plan |
SB |
CS/195/aSPAC/aSFl#1 /aHENRC |
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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 |
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$.01 (See
Narrative) |
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
Relates to Appropriation in the General Appropriation
Act: The 2002 General Appropriation Act
appropriates $500.0 as a special appropriation for development of regional and
a framework water plan.
Duplicates the House Agriculture and Water
Resources Committee Substitute for HB 260
LFC Files
Responses
Received From
Department
of Game and Fish (DGF)
Energy,
Minerals and Natural Resources Department (EMNRD)
Interstate
Stream Commission (ISC)
Office
of the State Engineer (OSE)
SUMMARY
Synopsis
of HENRC Amendment
The House Energy and Natural Resources Committee amendment to Senate Conservation Committee Substitute for Senate Bill 195 as amended strikes Senate Floor Amendment #1. The amendment changes subsection A of the bill to state legislative intent that ISC, in collaboration with OSE and Water Trust Board (WTB), prepare and implement a comprehensive state water plan. It adds the requirement that members of ISC and WTB shall be notified of and welcome to participate in all aspects of the plan process.
The amendment adds new material to the Water
Project Finance Act (Section 72-4A-1 through 72-4A-10 NMSA 1978) to require WTB
prioritize projects in accordance with the State Water Plan and identify
opportunities to leverage federal and other funding.
Synopsis
of SFl Amendment #1
Senate Floor Amendment 1 to Senate Conservation Committee Substitute for Senate Bill 195 as amended adds the Water Trust Board as a coordinating agency for the reconciliation of funding mechanisms and sources for the Statewide Water Plan. The change is made in multiple places throughout the bill and will make the Water Trust Board an integral player in the development of the Statewide Water Plan.
Synopsis
of SPAC Amendment
The Senate Public Affairs Committee Amendment to the Senate Conservation Committee Substitute for Senate Bill 195 strikes the appropriation to all entities for developing a state water plan. It adds the requirement to 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.” It is assumed the costs will have to be absorbed in agency budgets.
Synopsis
of Original Bill
The Senate
Conservation Committee Substitute for Senate 195 appropriates $625.0 from the
general fund as follows:
The bill enacts new
statute in Chapter 72, Article 14 NMSA STATE WATER PLAN—PURPOSE—CONTENTS
stating eight purposes of having a state water plan (pages 1-2 of the
bill). The ISC, in consultation with
OSE, is the agency designated to develop a comprehensive, coordinated state water
plan that meets 14 objectives specified in pages 2-3 of the bill.
The state water plan
is to include work plans and strategies for the completion of water rights
adjudications and support efforts, creation and creation of a comprehensive
database and electronically accessible information system, measuring surface
and ground water uses and inventorying water wells and determining disposition
of unused wells.
In developing the
statewide water plan, OSE and ISC shall consult directly with the governments
of Indian nations, tribes and pueblos to integrate water plans and formulate a
process for final adjudication of water rights.
ISC is to ensure
public participation and input throughout the planning process to provide for
participation of stakeholder groups and regional planners. Following adoption of the final plan by ISC,
it will be presented to the interim Legislative Committee that studies water
and natural resources. The plan shall be
periodically reviewed and updated; a minimum review period of five years is
specified. Nothing in the plan is to be
construed to permit the granting or the condemnation of water rights or the
determination of water rights of Indian nations, tribes or pueblos.
Significant
Issues
When water planning was first authorized by the Legislature in 1987, there was considerable resistance to the idea of a statewide plan because it would give the State Engineer too much influence over regional water uses. As a result, the planning emphasis has been on regional plans that should consider abutting regions but are actually autonomous plans. In the past two interim sessions, the interim Legislative Water and Natural Resource Committee has heard extensive testimony as to the need for an integrated statewide plan.
OSE states “lack of a statewide water policy is
a hindrance to strategic management of water resources. A State Water Plan, developed through an open
process, addressing applicable issues comprehensively and through development
of work plans will greatly improve the ability of all New Mexicans to have both
clarity and certainty with regards to availability of water resources.”
The agency also states the committee substitute
reflects a commitment to work with the Executive to provide the resources
needed to develop a state water plan in a one-year period. Currently four of the 16 regional plans have
been completed and accepted by ISC. Three
plans are being added to the agenda for review and approval. Three more regional plans are expected by the
end of 2003.
EMNRD states the bill is silent on the role the
Water Trust Board in developing a statewide water plan. The agency also requests clarification of
Section 1.I as to whether it pertains to Indian claims or recognized water
rights.
FISCAL IMPLICATIONS
The appropriation of
$625.0 contained in this bill is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining
at the end of fiscal year 2004 shall revert to the general fund.
TECHNICAL ISSUES
OSE has been developing the Water Administration
Technical Engineering Resource System to manage a comprehensive database and an
electronically accessible information system since 1997. Page 4, line 25 could be interpreted as
requiring a new system. Recommend
striking “creation and” on that line.
POSSIBLE QUESTIONS
GAC/ls/njw:yr