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

SPONSOR

Campos, Jose

DATE TYPED

02-15-05

HB

865

SHORT TITLE

De Baca Soil & Water Mesquite Control

SB

ANALYST

Woods

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$400.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to the appropriation for New Mexico State University in the General Appropriations Act

Relates to HB864

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Department of Agriculture (NMDA)

New Mexico Environment Department (NMED)

SUMMARY

Synopsis of Bill

House Bill 865 – Making an Appropriation for Mesquite Control in the De Baca Soil and Water

Conservation District – appropriates $400,000 from the general fund to the Board of Regents of

New Mexico State University for expenditure in FY06 to continue mesquite control efforts in the

De Baca Soil and Water Conservation District, including restoration of riparian vegetation,

monitoring and long-term management and maintenance in accordance with established tem-

plates and protocols. Any unexpended or unencumbered balance remaining at the end of FY06

shall revert to the general fund.

Significant Issues

NMED indicates that – in contrast to phreatophyte (e.g., salt cedar) control that is purported to

reduce evapotranspirative water losses – control of mesquite is more of an issue of rangeland

improvement less related to water conservation efforts. If not properly implemented, mesquite

House Bill 865 -- Page 2

removal could induce bank destabilization that in turn would increase the risk of erosion leading

to water quality impacts, sedimentation and diminished capacity of the state’s reservoirs.

Several years ago, NMED notes, an incident associated with storm water runoff from a mesquite

control effort using a chemical herbicide resulted in herbicide laden storm water runoff contami-

nating irrigation water. The contaminated irrigation water was unknowingly used by a down-

stream farmer and resulted in severe damage to the farmer’s crop and future soil capacity. Cau-

tion must be used during the application of herbicides to prevent unintended negative collateral

impacts. NMED also advises that:

•

Effective revegetation with native non-nuisance species is necessary post nuisance plant

species removal to minimize erosion and soil destabilization and therefore should be a

funded, mandatory component of every nuisance plant eradication project. Previous leg-

islation (SB230 in 2004) required native species revegetation plans to be implemented in

association with phreatophyte removal.

•

Mesquite eradication projects that utilize herbicides must also ensure that the herbicide is

not applied directly or indirectly into a surface watercourse (perennial or ephemeral).

NMED participates in the HB 2 (2004) Working Group on phreatophytes. HB 2 legisla-

tion requires a strategic plan that establishes a comprehensive, statewide policy on man-

agement, control, maintenance, and restoration of watersheds in the state. This policy is

being finalized. This policy should be used as a guide in mesquite control efforts imple-

mented by the soil and water districts.

FISCAL IMPLICATIONS

The appropriation of $400,000 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of FY06 shall revert to the gen-

eral fund.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to the appropriation for New Mexico State University in the General Appropriations Act

Relates to HB864 in that HB864 seeks to appropriate $150,000 for the nonnative phreatophyte

control program in the De Baca Soil and Water Conservation District.

OTHER SUBTANTIVE ISSUES

NMED points out that NMED is responsible for ensuring that surface water quality is protected

and water quality standards remain in compliance. After mesquite control activities are com-

pleted, native species revegetation implementation is critical to ensuring that the quality of the

state’s limited water resources. Additionally, NMED suggests that:

•

funding for mesquite control projects should be contingent on: developing plans and ear-

marking money for implementation of native vegetation restoration plans; providing pub-

lic notice prior to carrying out aerial spraying by helicopter or by ground application;

conducting public hearings in the area affected; monitoring and evaluating the effects on

wildlife, water quality, vegetation and soil health; and complying with endangered spe-

cies act requirements; and

House Bill 865 -- Page 3

•

NMSU should also be required to conduct an assessment and publish a report detailing

the effectiveness of the program and the amount of money expended.

BFW/yr