SENATE MEMORIAL 46

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

INTRODUCED BY

Tim Eichenberg

A MEMORIAL

SUPPORTING THE DESIGNATION OF OUTSTANDING NATIONAL RESOURCE WATERS IN NEW MEXICO FOR UNITED STATES FOREST SERVICE

ROADLESS AREAS AND WILDERNESS WATERS.

     WHEREAS, Governor Richardson announced, on earth day 2008, his intention to secure protection for over five thousand miles of surface waters within national forest wilderness and inventoried roadless areas in New Mexico under the Clean Water Act; and

     WHEREAS, water resources are vital to survival in the arid southwest, the lifeblood of New Mexico's communities, as well as critical to the state's cultural, agricultural and natural heritage; and

     WHEREAS, surface waters originate largely in the state's high-mountain forests or in the headwaters in the wilderness and roadless areas of the United States national forest system, and they are increasingly vulnerable to the effects of climate change; and

     WHEREAS, many of New Mexico's municipalities, villages, pueblos and ranches rely, wholly or in part, on the surface waters of the state that emanate from roadless and wilderness areas for their domestic water supplies, and their numbers are increasing; and

     WHEREAS, the cost of restoring watersheds and water quality is far higher than the cost of implementing effective best-management practices to prevent pollution; and

     WHEREAS, goals of the state water plan include "ensuring that water is available for the continued and future economic vitality of the state; ensuring a safe and adequate drinking water supply for all New Mexicans; protecting, maintaining, and enhancing the quality of the state's waters; and providing for fish and wildlife habitat preservation and maintenance and for river restoration"; and

     WHEREAS, the designation of "outstanding national resource waters", per the state of New Mexico's antidegradation rules, allows for the continuation of preexisting, authorized activities and the preservation of property rights and acequia maintenance and, therefore, does not infringe upon treaty rights or current grazing activities; and

     WHEREAS, watershed improvement and forest management projects, including controlled burns, forest thinning, reestablishing native vegetation, improving habitat for aquatic species and restoring native fish populations, are encouraged in areas designated as outstanding national resource waters, and temporary degradation from those activities is allowed; and      WHEREAS, for upstream nonpoint source discharges, New Mexico's department of environment will encourage voluntary implementation of best-management practices, and there is no impact on downstream waters except for the potential for better water quality; and

     WHEREAS, the state has held eleven public meetings with stakeholders, and final approval of the proposed outstanding national resource waters designation will be decided by the water quality control commission in a full public hearing in which all stakeholders can present their views orally or in writing, in accordance with the legislative requirements in the Water Quality Act and the procedures in the water quality control commission's regulations;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that its support be given to the governor's intention to secure water quality in the state's headwaters with the outstanding national resource waters designation; and

     BE IT FURTHER RESOLVED that the water quality control commission be encouraged to designate all waters that flow through United States forest service inventoried roadless and wilderness areas within those boundaries as outstanding national resource waters; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of environment and the water quality control commission.

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