HOUSE JOINT MEMORIAL 11

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Benjamin H. Rodefer

A JOINT MEMORIAL

REQUESTING STATE AGENCIES TO STUDY THE NECESSITY FOR AND FEASIBILITY OF ESTABLISHING PROCEDURES FOR ESTABLISHING BUFFER AREAS PROTECTING CRITICAL SURFACE WATER RESOURCES THAT ARE PART OF THE PUBLIC DRINKING WATER SUPPLY.

     WHEREAS, New Mexico has no legislation prohibiting non-point source pollution that might impact critical surface water resources, especially those where the water is used for consumption by persons; and

     WHEREAS, there are many examples of point-source activities that have the potential to contaminate critical surface water resources; and

     WHEREAS, New Mexico has obligations to deliver water to other states based on federally endorsed compacts where the quality of the delivered water could be an issue in regard to the acceptance of the water delivered by New Mexico under these arrangements; and

     WHEREAS, New Mexico is involved in a triennial review of water quality standards; and

     WHEREAS, many states and areas within states have regulations establishing buffer areas around critical surface and ground water resources;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of environment and the interstate stream commission be requested to prepare by the end of November 2009 an analysis of the feasibility and desirability of initially establishing buffer areas around critical surface water resources that are part of the public drinking water supply while keeping in mind the potential for expanding this to protect ground water as well. The analysis shall consider:

          A. which critical surface water resources need to be protected by a buffer area;

          B. whether buffer areas should have a fixed width or have a width that is determined by the topology of the areas bordering the critical surface water resource;

          C. how buffer areas should be established and what the process would be, including provisions for public notice and public comment;  

          D. what activities would be prohibited within such buffer areas; and

          E. what the relationship is between buffer areas designed to protect water resources and the protection of wildlife corridors; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of environment and the director of the interstate stream commission.

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