SENATE BILL 467
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Peter Wirth
AN ACT
RELATING TO WATER; CHANGING THE MEMBERSHIP OF THE INTERSTATE STREAM COMMISSION; PROVIDING OTHER TERMS OF HOLDING OFFICE ON THE COMMISSION; EXPANDING GENERAL POWERS OF THE COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 72-14-1 NMSA 1978 (being Laws 1935, Chapter 25, Section 1, as amended) is repealed and a new Section 72-14-1 NMSA 1978 is enacted to read:
"72-14-1. [NEW MATERIAL] INTERSTATE STREAM COMMISSION--CREATION--MEMBERSHIP--ORGANIZATION.--
A. The "interstate stream commission" is created, consisting of the following members:
(1) the state engineer;
(2) four members appointed by the governor with the advice and consent of the senate as follows, with the provision that not more than two members shall be from the same political party:
(a) one representative of an irrigation or conservancy district;
(b) one representative of a New Mexico acequia or community ditch;
(c) one representative of a New Mexico drinking water utility that provides at least five hundred acre-feet of water annually for domestic use; and
(d) one member of a New Mexico Indian nation, tribe or pueblo; and
(3) four members appointed by the New Mexico legislative council with the advice and consent of the senate as follows, with the provision that not more than two members shall be from the same political party:
(a) one member of the New Mexico water resources research institute or civil or environmental engineering faculty of New Mexico state university or the university of New Mexico;
(b) one faculty member from the university of New Mexico law school with expertise in New Mexico water law;
(c) one professional hydrogeologist with expertise in New Mexico ground water resources or a registered engineer with a New Mexico consulting engineering practice in water resources or water utility engineering; and
(d) one representative of a nongovernmental environmental quality advocacy organization.
B. The commission shall elect a chair and vice chair and the state engineer shall be the secretary. A commission member shall not hold any office or employment in a political party.
C. Members may be removed from the commission by the appointing authority for failure to attend three consecutive meetings or for other cause in the same manner as provided for removal of members of boards of regents under Article 12, Section 13 of the constitution of New Mexico. A vacancy occurring other than by expiration of the term shall be filled in the same manner as the original appointment for the unexpired term.
D. Appointed members of the commission shall serve for staggered terms of five years; provided that of the initial members, one member shall serve for two years, one member shall serve for three years, two members shall serve for four years and one member shall serve for five years. Initial terms shall be decided by drawing lots. Members shall serve until their successors are appointed and qualified.
E. The appointed members shall be qualified by competence and no less than ten years' experience with New Mexico water resources. An appointed member shall not have had any contracts to do business with the commission or the state engineer or an irrigation or conservancy district for a period of two calendar years prior to the member's appointment to the commission and shall not enter into any contracts to do business with the state engineer, the commission or an irrigation or conservancy district for a period of two calendar years after the end of the term for which the member was appointed.
F. All actions of the commission shall be by majority vote and a majority of members constitutes a quorum for the transaction of business. Members who are not compensated by public money are entitled to receive per diem and mileage expenses as provided in the Per Diem and Mileage Act. Members who are compensated by public money may receive per diem and mileage from their public agencies or institutions. Members of the commission and officers and employees of the commission shall be governed by the provisions of the Governmental Conduct Act."
SECTION 2. Section 72-14-3 NMSA 1978 (being Laws 1935, Chapter 25, Section 3) is amended to read:
"72-14-3. GENERAL POWERS--INTERSTATE COMPACTS--EMPLOYEES--ATTORNEY GENERAL'S DUTIES.--[That said]
A. The interstate stream commission is [hereby] authorized to:
(1) negotiate compacts with other states to settle interstate controversies or [looking] to look toward an equitable distribution and division of waters in interstate stream systems, subject, in all cases, to final approval by the legislature of New Mexico;
(2) [to] match appropriations made by the congress of the United States for investigations looking to the development of interstate streams originating in or flowing through the state [of New Mexico];
(3) [to] investigate and develop water [supply] resources;
(4) [to develop, to] conserve [to] and protect [and to do any and all other things necessary to protect, conserve and develop the waters and] water resources and associated agricultural and biological resources of the stream systems of this state, interstate or otherwise;
(5) [to] institute or cause to be instituted in the name of the state [of New Mexico] any and all negotiations [and/or] or legal proceedings as in its judgment are necessary to carry out the provisions of [this Act] Sections 72-14-1 through 72-14-3 NMSA 1978;
(6) [to] do all other things necessary to carry out the provisions of [this Act] Sections 72-14-1 through 72-14-3 NMSA 1978;
(7) [to] employ such attorneys, engineers and clerical help as, in its judgment, may be necessary to carry out the provisions of [this Act] Sections 72-14-1 through 72-14-3 NMSA 1978 and to fix their compensation and expenses; and
(8) [together with] perform such other powers and duties as may, from time to time, be given [said] the commission by the legislature [of New Mexico].
B. The attorney general shall be the legal adviser of [such] the commission and attorneys employed [as above] shall be subject to [his] the attorney general's approval and supervision and be designated as special assistant attorneys general."
SECTION 3. TEMPORARY PROVISION--INTERSTATE STREAM COMMISSION MEMBERSHIP PER THIS ACT.--The new membership of the interstate stream commission shall be appointed for staggered terms pursuant to Subsection D of Section 1 of this act that begin July 1, 2015. Current members who meet the requirements of the positions specified in Section 1 of this act may be reappointed for new terms. Current members shall continue in their positions until their replacements have been qualified.
- 6 -