Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L    I M P A C T    R E P O R T

 

 

 

SPONSOR

Coll

DATE TYPED

2/3/04

HB

HJR 06

 

SHORT TITLE

Local Control of Public Water Bodies

SB

 

 

 

ANALYST

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

See Narrative

Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

LFC Files

 

No Responses Received From

Office of the Secretary of State

Department of Finance and Administration

Energy, Minerals and Natural Resources Department

Office of the State Engineer

Public Regulatory Commission

Environment Department

 

SUMMARY

 

Synopsis of Bill

 

House Joint Resolution 6 amends Article 16 of the State of New Mexico Constitution.  The Resolution adds a new section providing:

 

·        A person or legal entity, whether public or private, may not acquire a right to use the public waters of the state for a water supply system to furnish water to the public within the state unless the administration of the system, use of the water and rates for the water are governed by an elected body.  

 

 

 

·        The elected body must consist of at least three members, and all members shall be residents or the municipality or area served by the water system and shall be elected by the qualified voters residing within the municipality.

 

·        The term of those elected to the governing body must be six years or less.

 

·        The provisions of this Constitutional amendment do not apply to water supply systems acquired before January 1, 2005, unless the water supply system is merged with, acquired by or its owners are succeeded by another person or legal entity on or after January 1, 2005. 

 

·        The amendment proposed by this resolution shall be submitted to the people of New Mexico for their approval or rejection at the next general election, or at any special election prior to that date.

 

Significant Issues

 

The goal of this resolution is to ensure maximized benefit of New Mexico’s waters for the benefit of the state’s residents, and to ensure local control over, and electoral accountability for, New Mexico’s water.

 

The future of the state is dependant on responsible, proactive management of New Mexico’s water.

 

The Office of the State Engineer has been charged with the responsibility of managing New Mexico’s water.  The Office has not been successful in getting ahead of the state’s water problems.  Empowering local governing bodies to actively participate in the process may result in greater success.

 

FISCAL IMPLICATIONS

 

This Resolution does not contain an appropriation.  However, each Constitutional Amendment placed on the ballot for a general election creates administrative costs for the Office of the Secretary of State.

 

POSSIBLE QUESTIONS

 

Will multiple, competing local governing bodies create a further contentious and disjointed approach to the statewide water needs?

 

 

SJM/lg